§ 2818. Health care efficiency and affordability law of New Yorkers\n(HEAL NY) capital grant program. 1. The commissioner and the director of\nthe dormitory authority of the state of New York shall enter into an\nagreement, subject to the approval of the director of the budget, for\nthe purpose of administering the funds available to the health care\nefficiency and affordability law for New Yorkers (HEAL NY) capital grant\nprogram as authorized under section sixteen hundred eighty-j of the\npublic authorities law, in a manner that will encourage improvements in\nthe operation and efficiency of the health care delivery system within\nthe state. A copy of such agreement, and any amendments thereto, shall\nbe provided to the chair of the senate finance committee, the director\nof the division of budget and the chair of the assembly ways and means\ncommittee.\n Such agreement shall include criteria, to be developed by the\ncommissioner and the director of the authority, to be considered in\ntheir evaluation of applications and determination of awards, including,\nbut not limited to:\n (a) determination of eligible applicants, provided that such eligible\napplicants shall include entities representative of any part of the\nhealth care delivery system;\n (b) consideration of statewide geographic distribution of funds;\n (c) minimum and maximum amounts of funding to be awarded under the\nprogram;\n (d) the relationship between the project proposed by an applicant and\nidentified community need; and\n (e) the extent to which the applicant has access to alternative\nfinancing.\n Such agreement shall be provided to the chair of the senate finance\ncommittee, the director of the division of budget and the chair of the\nassembly ways and means committee no later than thirty days prior to the\nscheduled approval of the first bond issuance for the program by the\npublic authorities control board. The authority shall also report\nquarterly to such chairpersons on the awards made through the program,\nincluding the name of the applicant, a description of the project and\nthe amount of the award.\n The commissioner and the director of the authority shall award grants\nto eligible applicants after due public notice of the availability of\nfunds and through a process which ensures to the maximum extent\npracticable and where appropriate, competition among such applicants,\nconsistent with the following requirements: the commissioner and the\ndirector of the authority shall publish the priorities and goals that\nare to be achieved through grant funding, and regularly provide public\nnotice of the availability of funding. These priorities and goals shall\nbe consistent with objectives and determinations of the Commission on\nHealth Care facilities in the Twenty-First Century established pursuant\nto a chapter of the laws of two thousand five, provided, however, that\nnothing shall prohibit the commissioner and the director for the\nauthority from awarding grants prior to a final report by the\ncommission. For each project that will be recommended for approval, the\ncommissioner and the director of the authority shall report to the chair\nof the senate finance committee, the director of the division of budget\nand the chair of the assembly ways and means committee how the project\nmeets the priorities, goals and criteria established pursuant to this\nsection.\n Contracts awarded to eligible applicants shall require that work\nperformed thereunder shall be deemed "public work" and subject to and\npreformed in accordance with articles eight, nine and ten of the labor\nlaw and the contractors performing such work shall also be deemed a\nstate agency for the purpose of article fifteen-A of the executive law\nand subject to the provisions of such article.\n 2. Notwithstanding the provisions of subdivision one of this section,\nthe commissioner and the director of the dormitory authority may award,\nin an amount not to exceed twenty-five percen
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