§ 2952 — Rural health network development grant program

§ 2952. Rural health network development grant program. To the extent\nof funds available therefor, the sum of seven million dollars shall\nannually be available for periods prior to January first, two thousand\nthree, and up to six million five hundred thirty thousand dollars\nannually for the period January first, two thousand three through\nDecember thirty-first, two thousand four, up to seven million sixty-two\nthousand dollars for the period January first, two thousand five through\nDecember thirty-first, two thousand six annually, up to seven million\nsixty-two thousand dollars annually for the period January first, two\nthousand seven through December thirty-first, two thousand ten, up to\none million seven hundred sixty-six thousand dollars for the period\nJanuary first, two thousand eleven through March thirty-first, two\nthousand eleven, and within amounts appropriated for each state fiscal\nyear on and after April first, two thousand eleven, shall be available\nto the commissioner from funds made available pursuant to section\ntwenty-eight hundred seven-l of this chapter for grants pursuant to this\nsection. 1. The commissioner shall establish a rural health network\ndevelopment grant program for the purpose of assisting community based\nhealth care providers, consumers and organizations in rural areas to\npromote more effective health care delivery through the coordination,\ndevelopment, planning, implementation and operation of rural health\nnetworks pursuant to this title. Such grants shall support activities\nand organizational costs including, but not limited to, the recruitment\nof qualified health care professionals, the performance of feasibility\nstudies, the development of affiliation agreements among rural health\nproviders, the development of managed care capacities, the expansion and\nintegration of public and preventive health services into community\nbased primary care systems, the integration and expansion of prehospital\nemergency medical services and related consulting and legal fees.\n 2. To be eligible to receive grant funding pursuant to this section,\nthe applicant shall submit a network plan to the commissioner for\napproval; the network plan shall identify network participants and\nindicate how the members or participants of the rural health network\nintend to respond to the health care needs of the rural area, improve\naccess to and the quality of care for residents of the community,\npromote the coordination of resources among providers and reduce\nduplication of services while achieving cost and other operational\nefficiencies.\n 3. a. The commissioner shall make grants to rural health networks, or\nrural health care providers planning to develop a rural health network.\nThe network plan submitted by a rural health network or rural health\ncare providers planning to form a network for grant funds pursuant to\nthis section shall be consistent with guidelines issued by the\ncommissioner, in consultation with the New York state rural health\ncouncil and the legislative commission on the development of rural\nresources. Such guidelines shall include, but need not be limited to,\nthe duration of rural health network grants, appropriate funding levels\nand criteria for providing an appropriate geographic distribution of\ngrantees; provided, however, that the amount of any such grant shall be\nbased on the scope and nature of the proposed activities described in\nsuch plan and that the quality of any such plan complies with the\nconditions for approval pursuant to paragraph b of subdivision three of\nthis section.\n b. The commissioner may require revisions or amendments to the initial\nnetwork plan prior to approval for funding, or periodic updates from an\napplicant to reflect the current status of a network's development or\noperation and to assure that the plan is implemented in accordance with\nits approved terms. In approving grants the commissioner shall consider\nthe following:\n (i) The specific objectives and description of the proposed network,\nincluding considerations of the existing health care services currently\nbeing delivered within the rural area, and the unmet health care needs\nof the community;\n (ii) The degrees to which the plan demonstrates enhanced costs and\nservice delivery efficiencies and access to necessary and high quality\nhealth care services by rural residents;\n (iii) The degree to which stated objectives and the scope of the\nnetwork plan may reasonably be implemented and achieved using existing\nand projected resources;\n (iv) The degree to which information sharing, communication, and\ncooperation between health care providers, human service entities and\nconsumers would be fostered;\n (v) The contribution the network would make toward the identification\nand development of innovative delivery systems;\n (vi) The degree to which management and continuity of care would be\nfostered and improved;\n (vii) The degree to which participating providers are represented on\ngoverning bodies of the network;\n (viii) The degree to which consumers within the area served or to be\nserved by the network are made aware of and have an effective\nopportunity to provide input in the creation and on-going development of\na network plan; and\n (ix) The degree to which providers within the area served by the\nnetwork are made aware of and have an effective opportunity to\nparticipate in or become a member of the network.\n c. The commissioner shall act on such application within ninety days\nafter its receipt. In the event waivers of any regulations are requested\nby an applicant, the commissioner shall have an additional thirty days\nto act upon such application.\n 4. The commissioner or his or her duly authorized representative may\nprovide or contract to provide technical assistance in the creation and\nimplementation of rural health networks and to promote community\norganization, collaboration and communication in rural network\ndevelopment across the state. The funding for any such contract shall\nnot be made available from funds provided for purposes of this section\nby section twenty-eight hundred seven-l of this chapter.\n 5. If the commissioner determines that a grant is being used for\npurposes other than those which are in conformity with this title, the\ncommissioner may withdraw his or her approval of the project and require\nrepayment of all or part of such grant to the state. The commissioner\nshall cause reports to be prepared and submitted for each project by the\ngrantees at such times and in such manner as are consistent with the\npurposes of this title.\n 6. a. The commissioner or his or her duly authorized representative\nmay also, promote appropriate active state supervision necessary to\npromote state action immunity under the federal antitrust laws, inspect\nor request additional documentation to verify that a network plan is\nimplemented in accordance with its approved terms as they relate to\nantitrust activity.\n b. The commissioner shall review a network plan and all agreements\nbetween participating providers of a network organized pursuant to the\nnot-for-profit corporation law at any time with respect to their effect\non competition, access, and quality of care, may seek the advice of the\nattorney general and may require amendments to such agreements where he\nor she determines that the benefits of anti-competitive activity are\noutweighed by any disadvantages.\n c. The commissioner may revoke, limit or annul approval to implement a\nnetwork plan, or portions thereof, after review and a hearing, for\nfailure to implement such plan in accordance with its terms as\nappropriate for the promotion of state action immunity under the federal\nantitrust laws.\n d. The commissioner shall, at the request of any rural health network,\nreview network agreements with respect to their effect on competition,\naccess and quality of care, may seek the advice of the attorney general,\nand may require amendments to such agreements where he or she determines\nthat the benefits of anticompetitive activity are outweighed by any\ndisadvantage.\n 7. For the purpose of promoting maximum effectiveness in the\nutilization of state and local monies and innovative approaches, the\ncommissioner is authorized to waive, modify or suspend the respective\nprovisions of rules and regulations promulgated pursuant to this chapter\nif the commissioner determines that such waiver, modification or\nsuspension is necessary for the successful implementation of this title\nand provided that the commissioner determines that the health, safety\nand general welfare of people receiving health care will not be impaired\nas a result of such waiver, modification, or suspension. Such waiver,\nmodification or suspension may be granted for up to two years. In\naddition, upon the request of a rural health network organized pursuant\nto the not-for-profit corporation law and approved pursuant to\nsubdivision fourteen of section twenty-eight hundred one-a of this\nchapter thereto, through its network plan or its amendments, the\ncommissioner is authorized to permit such rural health network to make\napplications or fulfill regulatory requirements on behalf of members of\nthe network for purposes of, but not limited to, certificate of need,\nquality assurance, reimbursement, and professional credentialing and\nprivileging.\n 8. The commissioner shall consult with federal, state, and local\nofficials with respect to securing their cooperation in coordinating\nrelated programs and regulatory waivers and shall provide the\nlegislature with recommendations to facilitate such efforts.\n 9. Notwithstanding any inconsistent provision of law, the commissioner\nmay approve a rural health network, to receive directly reimbursement\nfor the planning and coordination of services including but not limited\nto such experimental and other payment methods as global budget, pooling\narrangements, or capitation payments for whole or in-part inpatient\nhospital services and ambulatory care services provided by the component\nentities of the network. Reimbursement including payments made by\ngovernmental agencies shall be subject to the approval of the state\ndirector of the budget and to the availability of federal financial\nparticipation pursuant to title XIX of the federal social security act\nin expenditures made for eligible patients. The commissioner may impose\nsuch terms and conditions as necessary and appropriate for receipt of\nsuch funds.\n