Health Law Wire: November 2014 - Capital Facilities Restructuring Program (CFRP) Application Conference Highlights.

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DOH and DASNY held the initial applicant’s conference today on the CFRP application process and provided highlights on the State’s proposed bonding of up to $1.2 billion in funding for projects furthering DSRIP goals. The RFA will be strictly competitive and scored by DOH, DASNY and – for PPS Lead projects only – the independent outside assessor.

Critically, DOH representatives repeatedly stated that December 22, 2014 is a firm deadline for applications and there will NOT be further RFA opportunities relating to the distribution of CFRP funds.

Applications may be submitted under either two procedures: Category A – those applications submitted by DSRIP leads and Category B – those applications submitted by non-lead entities. DSRIP versus Non-DSRIP applications will be assessed using the same focus and objectives of the overall DSRIP program, i.e., to

  • Improve population health.
  • Support transformational change to the healthcare delivery system
  • Reduce costs of health care services.
  • Increase access to appropriate and high quality health care for all New Yorkers. • Reduce avoidable hospital use and improve other health and public health measures at both the system and the State level.
  • Ensure that delivery system transformation continues beyond the waiver period through leveraging managed care payment reform.
  • Preserve essential safety net providers across the State, and
  • To the extent permitted by the federal Centers for Medicare and Medicaid Services (“CMS”), encourage widespread participation throughout the State in the DSRIP program.

DSRIP Leads:

DSRIP – Leads will be considered “conduits” where a PPS participant is the beneficiary of proposed grant funds. Ms. Peggy Chan, DOH’s DSRIP Director made it clear that all applications relating to a PPS must be submitted by the lead PPS even though the beneficiary will be a participant in that PPS. Such grants will be awarded to the PPS as a conduit grantee.

Leads have been previously advised to anticipate the RFA and, if not done already, should immediately reach out to network participants regarding capital projects which related to DSRIP goals and the proposed PPS work plan. These may include:

  1. Health Information Technology and Telehealth to the extent of allowable capital costs (hardware and certain bundled software). Note that DOH will be issuing standards in this area within the next two weeks.
  2. Capital costs related to coordinated delivery of care.
  3. Consolidation and expansion projects.
  4. Other projects which may have been identified through the health planning process.

It will be up to the PPS lead to initially rank projects which participants wish to submit as Category A applications. As noted, these projects will then be reviewed by DOH/DASNY and the Independent Assessor

All projects must be “CON ready” – meaning that all CON requirements should be included within the application and addressed in the same manner as would be done on a CON application. As it relates to scoring, any proposed matching of grant funds must be supported by either letters of interest regarding proposed financing and/or proof of equity contributions. Note that costs incurred prior to the RFA may not be eligible as equity related matching funds. Although matching of grant funds is a significant scoring element, projects which are weighted in other measures and which have the potential to drive a revenue stream for successful implementation will also be carefully considered.

Non-DSRIP Leads.

Stand alone applications by eligible entities who are not PPS leads are also allowed as Category “B” applicants. According to the conference today, DOH stated that such non-lead projects may be just as critical to needs and objectives of DSRIP. The same overall standards will apply to such applications. They may not require a match due to financial need issues, however, the importance of the project to the DSRIP objectives must be compelling.

DOH representatives stated that applicants should not be submitting duplicate applications as both lead participants and as non-leads. In addition, participants in several PPS entities should select the PPS which provides for the best assessment of the individual application as opposed to including applications under both PPS lead projects.

Who are Eligible Applicants?

You may submit an application provided that your organization is tax exempt and passes DOH technical eligibility standards. The following are eligible:

  • General hospitals;
  • Residential health care facilities;
  • Diagnostics and treatment centers;
  • Clinics licensed pursuant to the PHL or the Mental Hygiene Law (“MHL”);
  • Assisted living providers;
  • Primary care providers; 
  • Home care providers certified or licensed under PHL Article 36;
  • Provider organizations which hold operating certificates issued by the DOH, OMH, OPWDD and OASAS; and 
  • OMH clinic programs, Intensive Psychiatric Rehabilitation, Treatment Programs, Continuing Day Treatment Programs, Day Treatment Programs, and Personalized Recovery Oriented Service Programs.

What is the Preferred Eligibility Criteria?

The following factors will be used in assessing applications for DSRIP and non-leads:

  • Applicants committing matching funds to the proposed project;
  • Applicants with projects that demonstrate transformational change to the health care delivery system from a fee-for-service system to a value based system; and
  • Applicants who demonstrate significant financial need.

Critical Dates:

  • Release Date: November 18, 2014
  • Questions Due: November 26, 2014
  • Applicant Conference Registration Deadline: November 20, 2014 by 3:00p.m.
  • Applicant Conference: November 21 2014 1:00p.m. – 4:00p.m.
  • Questions, Answers and Updates Posted on or about: December 5, 2014
  • Applications Due: December 22, 2014 by 3:00p.m.
  • DOH Contact Name & Address:   CRFP@health.ny.gov

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