N.Y. Public Health Law Section 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.

Source: Section 2817 — Community health centers capital program, https://www.­nysenate.­gov/legislation/laws/PBH/2817 (updated Sep. 22, 2014; accessed Jun. 22, 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. 22, 2024

Last modified:
Sep. 22, 2014

§ 2817’s source at nysenate​.gov

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