N.Y. Public Health Law Section 2815-A
Community health care revolving capital fund


1.

Definitions. As used in this section, the following words and phrases shall have the following meanings unless a different meaning is plainly required by the context:

a.

“Administrator” shall mean a not for profit Community Development Financial Institution CDFI that is certified by the U.S. Treasury community development financial fund, has experience financing projects in the New York state healthcare sector and otherwise meets the requirements of this section.

b.

“Dormitory authority” or “authority” shall mean the dormitory authority of the state of New York created by title four of article eight of the public authorities law which has succeeded to the powers, functions and duties of the medical care facilities finance agency pursuant to chapter eighty-three of the laws of nineteen hundred ninety-five.

c.

“Participating borrower” shall mean a community-based health care provider, which for the purposes of this section, shall be defined as diagnostic and treatment center licensed or granted an operating certificate under article 28 (Hospitals)article twenty-eight of this chapter, a mental health clinic licensed or granted an operating certificate under article thirty-one of the mental health law; or an alcohol and substance abuse treatment clinic licensed or granted an operating certificate under article thirty-two of the mental hygiene law, each organized under the laws of this state.

d.

“Revolving capital fund” shall mean community health care revolving capital fund authorized to be established by the dormitory authority and administered pursuant to this section.

2.

Revolving capital fund. The dormitory authority shall, within amounts appropriated, establish the community health care revolving capital fund. Monies in the revolving capital fund shall be utilized for the purpose of making loans to qualifying participating borrowers to improve access to affordable capital financing to expand and improve capacity to provide health care in the State. Funds shall be transferred by the commissioner to the dormitory authority for deposit in the revolving capital fund in an amount as authorized by appropriation. Monies in the fund shall be:

(a)

held by the authority pursuant to this section as custodian pursuant to an agreement with the commissioner until transferred to the administrator pursuant to this section, and

(b)

invested by the authority in accordance with the investment guidelines of the authority during said custodial period. All investment income shall be credited to, and shall be deposited in, the revolving capital fund.

3.

Administration agreement. The commissioner and the authority shall enter into an agreement, subject to the approval of the director of the budget, for the purpose of administering the funds in the revolving capital fund through an administrator. A copy of such agreement, and any amendments thereto, shall be provided to the chair of the senate finance committee, the director of the division of budget, and the chair of the assembly ways and means committee. The agreement shall specify that the administrator shall administer the community health care revolving capital fund in a manner that will benefit the public health by encouraging improvements in the community health care delivery system in the state, in compliance with all applicable laws, rules, regulations and other requirements.

4.

Agreement with the administrator. The dormitory authority shall, in consultation with the commissioner, enter into an agreement with the administrator. Such agreement shall provide for the administration of the revolving capital fund administrator, in accordance with the requirements of this section, the commissioner and dormitory authority and all applicable laws, rules, regulations and other requirements. Upon the effective date of the agreement, custody of, and responsibility for, the revolving capital fund shall be transferred from the dormitory authority to the administrator, subject to the requirements of the agreement. Such agreement shall include, but not be limited to, the following provisions:

a.

That the administrator shall be responsible for the receipt, management and expenditure of monies held in the revolving capital fund;

b.

That the administrator shall maintain books and records pertaining to all monies received and disbursed pursuant to this section and the agreement;

c.

That monies in such revolving capital fund shall be utilized for the purpose of making loans to qualifying participating borrowers, to provide participating borrowers with improved access to affordable capital to expand and improve preventive or primary care capacity;

d.

That participating borrowers shall be chosen by the administrator through an application process approved by the authority and the commissioner;

e.

That eligible uses of funds so loaned to participating borrowers shall include but not be limited to:

(i)

eligible costs as described in paragraph (f) of this subdivision, attributable to the proposed construction, reconstruction, renovation, rehabilitation, refurbishing, expansion, upgrading and equipping of a participating borrower’s community-based health care facility;

(ii)

reserves for credit enhancement including loan guarantees; (iii) loan loss and debt service reserves and subordinated loans; and

(iv)

facility financing, including loans for predevelopment, acquisition and construction, permanent financing and bridge loans;

f.

That eligible costs under this section shall include, but not be limited to, all hard construction costs and associated professional and other costs, furniture, fixtures and equipment, including health information technology, acquisition, predevelopment due diligence, initial operating expenses and working capital;

g.

That the administrator administering the revolving capital fund shall report quarterly on the transactions in the revolving capital fund in a form and manner specified by the authority in consultation with the commissioner, including but not limited to: receipts or deposits to the fund, disbursements, loans or credit enhancement made from the fund, investment income, and the balance on hand as of the end of the month for each such quarter;

h.

That the administrator shall be required to invest monies on deposit in the fund in accordance with investment guidelines meeting the requirements of the department and dormitory authority, and all investment income shall be credited to, and any repayment of loans as hereinafter provided shall be deposited in, the revolving capital fund, and spent therefrom only for the purposes set forth in this section;

i.

That only the reasonable expenses of the administrator, as determined by the commissioner and president of the authority, incurred in the establishment and administration of the revolving capital loan program (including the retention of professionals and consultants, if any) may be paid or reimbursed from the revolving capital fund;

j.

That revolving capital fund monies shall be held in trust and used for the benefit of eligible community-based health care facility capital projects; and

k.

Any other term or condition as determined by the authority, in consultation with the commissioner.

5.

Loan documentation. Loans from the revolving capital fund shall be made pursuant to a written loan agreement between the administrator and the participating borrower, specifying the terms thereof including repayment terms. The loan agreement shall be in such form and content as shall be acceptable to the commissioner and dormitory authority, and may include such other any further written documentation and/or agreements as shall be required in the judgment of the commissioner and dormitory authority, including but not limited to all required filings under the Uniform Commercial Code.

Source: Section 2815-A — Community health care revolving capital fund, https://www.­nysenate.­gov/legislation/laws/PBH/2815-A (updated Apr. 17, 2015; accessed Jun. 8, 2024).

2800
Declaration of policy and statement of purpose
2801
Definitions
2801‑A
Establishment or incorporation of hospitals
2801‑B
Improper practices in hospital staff appointments and extension of professional privileges prohibited
2801‑C
Injunctions
2801‑D
Private actions by patients of residential health care facilities
2801‑E
Voluntary residential health care facility rightsizing demonstration program
2801‑F
Residential health care facility quality incentive payment program
2801‑G
Community forum on hospital closure
2801‑H
Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies
2802
Approval of construction
2802‑A
Transitional care unit demonstration program
2802‑B
Health equity impact assessments
2803
Commissioner and council
2803‑A
Authority to contract
2803‑AA
Sickle cell disease information distribution
2803‑AA*2
Nursing home infection control competency audit
2803‑B
Uniform reports and accounting systems for hospital costs
2803‑C
Rights of patients in certain medical facilities
2803‑C‑1
Rights of patients in certain medical facilities
2803‑C‑2
Lesbian, gay, bisexual and transgender, and people living with HIV long-term care facility residents’ bill of rights
2803‑D
Reporting abuses of persons receiving care or services in residential health care facilities
2803‑E
Residential health care facilities
2803‑E*2
Reporting incidents of possible professional misconduct
2803‑F
Respite projects
2803‑G
Board of visitors in county owned residential health care facility
2803‑H
Health related facility
2803‑I
General hospital inpatient discharge review program
2803‑J
Information for maternity patients
2803‑J*2
Nursing home nurse aide registry
2803‑K
In-patient nasogastric feeding procedures
2803‑L
Community service plans
2803‑M
Discharge of hospital patients to adult homes
2803‑N
Hospital care for maternity patients
2803‑O
Hospital care for mastectomy, lumpectomy, and lymph node dissection patients
2803‑O‑1
Required protocols for fetal demise
2803‑P
Disclosure of information concerning family violence
2803‑Q
Family councils in residential health care facilities
2803‑R
Dissemination of information about the abandoned infant protection act
2803‑S
Access to product recall information
2803‑T
Preadmission information
2803‑U
Hospital substance use disorder policies and procedures
2803‑V
Lymphedema information distribution
2803‑V*2
Standing orders for newborn care in a hospital
2803‑W
Independent quality monitors for residential health care facilities
2803‑W*2
Disclosure of information concerning pregnancy complications
2803‑X
Requirements related to nursing homes and related assets and operations
2803‑Y
Provision of residency agreement
2803‑Z
Transfer, discharge and voluntary discharge requirements for residential health care facilities
2803‑Z*2
Antimicrobial resistance prevention and education
2804
Units for hospital and health-related affairs
2804‑A
State task force on clinical practice guidelines and medical technology assessment
2805
Approval of hospitals
2805‑A
Disclosure of financial transactions
2805‑B
Admission of patients and emergency treatment of nonadmitted patients
2805‑C
Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upo...
2805‑D
Limitation of medical, dental or podiatric malpractice action based on lack of informed consent
2805‑E
Reports of residential health care facilities
2805‑F
Money deposited or advanced for admittance to nursing homes
2805‑G
Maintenance of records
2805‑H
Immunizations
2805‑I
Treatment of sexual offense victims and maintenance of evidence in a sexual offense
2805‑J
Medical, dental and podiatric malpractice prevention program
2805‑K
Investigations prior to granting or renewing privileges
2805‑L
Adverse event reporting
2805‑M
Confidentiality
2805‑N
Child abuse prevention
2805‑O
Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities
2805‑P
Emergency treatment of rape survivors
2805‑Q
Hospital visitation by domestic partner
2805‑R
Patients unable to verbally communicate
2805‑S
Circulating nurse required
2805‑T
Clinical staffing committees and disclosure of nursing quality indicators
2805‑U
Credentialing and privileging of health care practitioners providing telemedicine services
2805‑V
Observation services
2805‑W
Patient notice of observation services
2805‑X
Hospital-home care-physician collaboration program
2805‑Y
Identification and assessment of human trafficking victims
2805‑Z
Hospital domestic violence policies and procedures
2806
Hospital operating certificates
2806‑A
Temporary operator
2806‑B
Residential health care facilities
2807
Hospital reimbursement provisions
2807‑A
General hospital nineteen hundred eighty-six and nineteen hundred eighty-seven inpatient rates and charges
2807‑AA
Nurse loan repayment program
2807‑B
Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred se...
2807‑C
General hospital inpatient reimbursement for annual rate periods beginning on or after January first, nineteen hundred eighty-eight
2807‑D
Hospital assessments
2807‑D‑1
Hospital quality contributions
2807‑DD
Temporary nursing home stability contributions
2807‑E
Uniform bills
2807‑F
Health maintenance organization payment factor
2807‑FF
New York managed care organization provider tax
2807‑I
Service and quality improvement grants
2807‑J
Patient services payments
2807‑K
General hospital indigent care pool
2807‑L
Health care initiatives pool distributions
2807‑M
Distribution of the professional education pools
2807‑N
Palliative care education and training
2807‑O
Early intervention services pool
2807‑P
Comprehensive diagnostic and treatment centers indigent care program
2807‑R
Funding for expansion of cancer services
2807‑S
Professional education pool funding
2807‑T
Assessments on covered lives
2807‑U
Transfers for tax credits
2807‑V
Tobacco control and insurance initiatives pool distributions
2807‑W
High need indigent care adjustment pool
2807‑X
Grants for long term care demonstration projects
2807‑Y
Pool administration
2807‑Z
Review of eligible federally qualified health center capital projects
2808
Residential health care facilities
2808‑A
Liability of certain persons
2808‑B
Certification of financial statements and financial information
2808‑C
Reimbursement of general hospital inpatient services
2808‑D
Nursing home quality improvement demonstration program
2808‑E
Residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonst...
2808‑E*2
Nursing home ratings
2809
Residential health care facilities
2810
Residential health care facilities
2811
Discounts and splitting fees with medical referral services
2812
Construction
2813
Separability
2814
Health networks, global budgeting, and health care demonstrations
2815
Health facility restructuring program
2815‑A
Community health care revolving capital fund
2816
Statewide planning and research cooperative system
2816‑A
Cardiac services information
2817
Community health centers capital program
2818
Health care efficiency and affordability law of New Yorkers (HEAL NY) capital grant program
2819
Hospital acquired infection reporting
2820
Home based primary care for the elderly demonstration project
2821
State electronic health records (EHR) loan program
2822
Residential care off-site facility demonstration project
2823
Supportive housing development program
2824
Central service technicians
2824*2
Surgical technology and surgical technologists
2825
Capital restructuring financing program
2825‑A
Health care facility transformation program: Kings county project
2825‑B
Oneida county health care facility transformation program: Oneida county project
2825‑C
Essential health care provider support program
2825‑D
Health care facility transformation program: statewide
2825‑E
Health care facility transformation program: statewide II
2825‑F
Health care facility transformation program: statewide III
2825‑G
Health care facility transformation program: statewide IV
2825‑H
Health care facility transformation program: statewide V
2825‑I
Healthcare safety net transformation program
2826
Temporary adjustment to reimbursement rates
2827
Plant-based food options
2828
Residential health care facilities
2828*2
Essential support persons allowed for individuals with disabilities during a state of emergency
2829
Nursing homes
2830
Surgical smoke evacuation
2830*2
Regulation of the billing of facility fees

Accessed:
Jun. 8, 2024

Last modified:
Apr. 17, 2015

§ 2815-A’s source at nysenate​.gov

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