S T A T E O F N E W Y O R K
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6713
2017-2018 Regular Sessions
I N S E N A T E
June 14, 2017
___________
Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to the Kings county
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 1, 2 and 5 of section 2825-a of the public
health law, as added by section 1 of part J of chapter 60 of the laws of
2015, are amended and three new subdivisions 2-a, 2-b and 2-c are added
to read as follows:
1. A Kings county health care facility transformation program is here-
by 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; ESTABLISHING A LONG TERM TRANSFORMATION OF
HEALTH CARE IN THE CENTRAL AND NORTHEASTERN REGION OF BROOKLYN THROUGH
THE ESTABLISHMENT OF A MORE EFFICIENT AND EFFECTIVE HEALTH CARE INFRAS-
TRUCTURE AIMED TOWARD IMPROVING THE OVERALL QUALITY OF CARE IN THE
REGION. 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that replace inefficient and outdated facilities as part of a merger,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 authori-
ties law, for the purposes of awarding, distributing, and administering
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13181-02-7
S. 6713 2
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 avail-
able under this section. PROJECT AWARDS PURSUANT TO THIS SECTION SHALL
BE MADE WITHIN ONE HUNDRED TWENTY DAYS OF THE DUE DATE FOR APPLICATIONS
SUBMITTED IN RESPONSE TO THE REQUEST FOR APPLICATIONS FOR FUNDING UNDER
THE KINGS COUNTY HEALTH CARE FACILITY TRANSFORMATION PROGRAM. AT LEAST
THIRTY DAYS PRIOR TO ANNOUNCING PROJECT AWARDS, THE DEPARTMENT SHALL
CONDUCT A PUBLIC HEARING IN KINGS COUNTY TO DISSEMINATE INFORMATION
RELATED TO THE STATUS OF THE PROCESS AND OTHER RELEVANT INFORMATION
REGARDING RELATED STATE-FUNDED INITIATIVES IN THE REGION, AND PROVIDE AN
OPPORTUNITY FOR PUBLIC COMMENT. THE DEPARTMENT SHALL PROVIDE APPROPRIATE
NOTIFICATION TO THE PUBLIC, ELECTED OFFICIALS, AND TO LOCAL OFFICIALS NO
LESS THAN TEN BUSINESS DAYS PRIOR TO SUCH HEARING.
2-A. WITHIN FIVE DAYS FOLLOWING THE ANNOUNCEMENT OF PROJECT AWARDS,
THE DEPARTMENT SHALL PROVIDE A COMPREHENSIVE BRIEFING TO THE LEGISLATURE
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: INFORMATION RELATED TO THE
PROJECTS AWARDED; THE PROPOSED TIMELINE OF SUCH PROJECTS; NEXT STEPS FOR
THE IMPLEMENTATION OF THE KINGS COUNTY HEALTH CARE FACILITY TRANSFORMA-
TION PROGRAM; INFORMATION REGARDING HOW PROJECT APPLICATIONS WERE
SCORED; AND INFORMATION REGARDING PROJECTS NOT AWARDED FUNDING UNDER
THIS SECTION. NOT MORE THAN THIRTY DAYS FOLLOWING SUCH ANNOUNCEMENT, THE
DEPARTMENT SHALL ALSO CONDUCT A PUBLIC HEARING IN KINGS COUNTY TO
DISSEMINATE INFORMATION AND RECEIVE COMMENTS RELATED TO THE PROJECTS
AWARDED, INCLUDING BUT NOT LIMITED TO: HOW THEY WILL STRENGTHEN LOCAL
HEALTH CARE FACILITIES; HOW THEY WILL INCREASE ACCESS; HOW THEY WILL
LEAD TO THE ESTABLISHMENT OF A COMPREHENSIVE AMBULATORY CARE NETWORK;
HOW THEY WILL INTERSECT WITH OTHER ONGOING HEALTH CARE AND POPULATION
HEALTH PROJECTS IN BROOKLYN; AND TO THE EXTENT PRACTICABLE, REVIEW OF A
COMPREHENSIVE IMPLEMENTATION TIMELINE. THE DEPARTMENT SHALL PROVIDE
APPROPRIATE NOTIFICATION TO THE PUBLIC, ELECTED OFFICIALS, AND LOCAL
OFFICIALS NOT LESS THAN TEN BUSINESS DAYS PRIOR TO SUCH HEARING.
2-B. THE LEGISLATURE SHALL BE NOTIFIED NOT LESS THAN TEN DAYS PRIOR TO
ANY PUBLIC MEETING SCHEDULED BY, OR IN CONJUNCTION WITH THE DEPARTMENT
THAT IS RELATED TO THE KINGS COUNTY HEALTH CARE FACILITY TRANSFORMATION
PROGRAM OR OTHER RELATED BROOKLYN INITIATIVES.
2-C. SHOULD THE COMMISSIONER DETERMINE THAT THE APPLICATIONS RECEIVED
PURSUANT TO THIS SECTION DO NOT SATISFACTORILY FULFILL THE REQUIREMENTS
ESTABLISHED FOR PROJECT AWARDS, THE COMMISSIONER SHALL NOTIFY THE CHAIR
OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE NO LATER THAN SIXTY DAYS FOLLOWING THE PUBLISHED DUE
DATE OF THE REQUEST FOR APPLICATIONS. SUCH NOTIFICATION SHALL INCLUDE
INFORMATION REGARDING THE DEFICIENCIES IN THE APPLICATIONS, THE NUMBER
OF APPLICANTS, A LISTING PROVIDER TYPES, AND OTHER RELEVANT INFORMATION
DEEMED APPROPRIATE BY THE COMMISSIONER. WITHIN THIRTY DAYS OF SUCH
NOTIFICATION TO THE LEGISLATURE, THE COMMISSIONER SHALL RE-ISSUE A
S. 6713 3
REQUEST FOR APPLICATIONS FOR THE KINGS COUNTY HEALTH CARE FACILITY
TRANSFORMATION PROGRAM. THE DUE DATE FOR APPLICATIONS SHALL NOT BE MORE
THAN THIRTY DAYS FROM THE DATE OF THE RE-ISSUED REQUEST FOR APPLICA-
TIONS. PROJECT AWARDS SHALL BE MADE WITHIN ONE HUNDRED TWENTY DAYS FROM
SUCH APPLICATION DEADLINE.
5. [The] BEGINNING IN THE FIRST QUARTER FOLLOWING THE ANNOUNCEMENT OF
PROJECT AWARDS, THE department shall provide QUARTERLY BRIEFINGS TO THE
LEGISLATURE AND 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 INCLUDE INFORMATION
RELATED TO THE STATUS OF CURRENT PROJECTS, INCLUDING BUT NOT LIMITED TO:
INITIATIVES TO STRENGTHEN AND MAKE LOCAL HEALTH CARE FACILITIES SUSTAIN-
ABLE, WHILE LEADING TO LESS STATE FUNDING SUPPORT; THE STATUS OF EFFORTS
TO INCREASE ACCESS TO QUALITY AND AFFORDABLE HEALTH CARE IN COMMUNITIES;
THE PROGRESS TOWARD DEVELOPING A COMPREHENSIVE AMBULATORY CARE NETWORK;
AND THE INTERACTION OF SUCH PROJECTS WITH RELATED STATE-FUNDED PROJECTS
AND INITIATIVES IN BROOKLYN SUCH AS DEVELOPING OPEN SPACE AND IMPROVING
AND ENHANCING RECREATIONAL FACILITIES, ESTABLISHING HEALTHY FOOD
PROGRAMS, YOUTH DEVELOPMENT PROGRAMS, AFFORDABLE HOUSING INITIATIVES,
ECONOMIC DEVELOPMENT, VIOLENCE PREVENTION INITIATIVES, AND COMMUNITY
INFRASTRUCTURE SUSTAINABILITY INITIATIVES. SUCH REPORTS SHALL ALSO
conform to the reporting requirements of subdivision twenty of section
twenty-eight hundred seven of this article, as applicable.
§ 2. This act shall take effect immediately.
