DOH

STATE OF NEW YORK

DEPARTMENT OF HEALTH

433 River Street, Suite 303                Troy, New York 12180-2299

 

Antonia C. Novello, M.D., M.P.K., Dr. Ph.H.                                                 Dennis P. Whalen

   Commissioner                                                                  Executive Deputy Commissioner

 

                                                                October 14, 2005

 

     Mr. Scott F. Sittig                                  RE:  051147-B

     Executive Director                                        His Branches, Inc.

     His Branches, Inc.                                        (Monroe County)

     342 Arnett Boulevard, Suite No. 3

Rochester, New York 14619

 

Dear Mr. Sittig:

 

Review of the above application has revealed the need for the additional information requested in the enclosure from the Bureau of Financial Analysis. In preparing answers to the questions, please repeat each question and then provide the answer. Please submit your response within 15 days of the date of this letter in accordance with 10 NYCRR 71 0.3(a), as follows:

 

1.  one copy to the Bureau of Financial Analysis, New York State Department of Health, Hedley Park Place, 6th Floor, 433 River Street, Troy, New York 12180-2299.

 

2.  an original and eight copies of your response to Ms. Diane Smith, Director, Information and Technology Services Group, New York State Department of Health, Hedley Park Place, 6th. Floor, 433 River Street, Troy, New York, 12180-2299

 

Processing of your application by the Bureau of Financial Analysis cannot be completed until the information is received and reviewed. Also, if this project requires review by the State Hospital Review and Planning Council, such review may have to be delayed if the requested information is not received promptly (particularly if the Bureau of Financial Analysis does not receive a separate copy). Accordingly, you are encouraged to submit the response at your earliest opportunity. In this regard, be advised that a single faxed response to this request does not constitute a full and complete response.

 

If you have any question on the information being requested, please contact the individual identified on the enclosure.

 

Sincerely,

 

 

Charles P. Abel, Director

                                                                                      Bureau of Financial Analysis



 

October 14, 2005

 

051 147-B

His Branches, Inc.

(Monroe County)

 

The Bureau of Financial Analysis has prepared the following questions. In preparing your response to this letter, please be sure to demonstrate how your project is responsive to the goals and objectives of the Commission on Health Care Facilities for the 21St Century of promoting stability and efficiency in the delivery of high quality and cost effective care. Specifically, where appropriate, your responses should demonstrate how your proposal is consistent with the concept of appropriately sized capacity considering individual and regional resources and needs, is a collaboration at the community level, avoids duplication of services, provides access to underserved populations, and is all delivered in an affordable and cost effective manner. If additional information is needed, please contact Whitney Reed at (518) 402-0953.

 

1.   Provide a revised Schedule 1A reflective of the legal entity that will operate the facility (the proposed operator).

 

2.   Provide the 2003 and 2004 certified financial statements for His Branches, Inc. If applicable, address the reason(s) for any losses and step(s) implemented to improve operations.

 

3.   Working capital requirements are set at two months’ of third year expenses, of which a minimum of 50% must be provided as equity. Document all sources of equity. If the remaining 50% will be borrowed, provide a letter of interest from the intended source of working capital financing, to include an estimate of principal, term and interest rate.

 

4.   Submit a pro forma balance sheet, reflective of the first day subsequent to approval. Provide a line by line comparison between the pro forma balance sheet and the most recently available certified financial statements. Provide all assumptions utilized in preparation of the pro forma balance sheet, including the required working capital.

 

5.   Provide an interim financial summary for His Branches, lnc, for current year operations.

 

6.   Provide an updated project cost breakdown based on a reasonably attainable construction start date.

 

7.   Provide an updated financing plan based on any changes in project cost, including documentation and/or status of fundraising efforts.


 

8.  Revenues and expenses should be in 2005 dollars, do not trend rates or inflation. Please resubmit as necessary. Include supporting documentation for the rates assumed for all payors, particularly the Medicaid rate. Year three average cost per visit should be the same or less than year one average cost, based on an increase in utilization.

 

9.  Provide clarification of depreciation expense calculation.

 

10. Medicaid utilization and revenue should take into consideration Medicaid Managed Care penetration based on the Mandatory Medicaid Managed Care Phase In Schedule for New York State. For further information, contact your local Social Service district. Provide all assumptions and justification for proposed Medicaid Managed Care utilization and revenue.

 

11. Clarify the financial and social/medical benefits of His Branches, Inc, becoming an Article 28 facility.

 

12. Complete the enclosed representative governance questionnaire.

 

 


     

 

Governance Questionnaire

 

CON # _____________               FACILITY NAME: _________________________________________

ADDRESS: _________________________________________

                  _________________________________________

                                                                               _________________________________________

 

 

 

Please respond to the following questions with respect to the CON application referenced above:

 

1.   a.    Is the applicant, or any of its owners, employed by, an owner, officer, director, or manager of, in any other way affiliated with, or acting on behalf or for the benefit of, an outside entity which will be involved with (including through a lease, contract or agreement), or benefit from, the ownership or operation of the proposed facility?

___ No  - skip to Question #lb.

      ___ Yes - identify the outside entity and the nature of the relationship: ________________________

 

b.  Are there any contractual restrictions, existing or proposed, on the ability of the owners of the applicant to assign, transfer or sell their ownership interests or voting rights in the applicant?

___ No  - skip to Question #2.

___ Yes - provide copies of the existing or proposed agreements.

 

 

2.   Does this proposal include a consulting and/or administrative services agreement?

      ___ No  - skip to Question #3.

___ Yes - attach a copy, if not already submitted with the CON, and continue with questions in this section.

a.       What are the services to be provided under the agreement? ________________________

                       _______________________________________________________________________

b.       What is the relationship between the applicant/operator and the consultant?  __________

                       _______________________________________________________________________

c.       Who/what owns the consultant entity? ________________________________________

d.       Who will manage the subject facility on a day-to-day basis? _______________________

e.       Who employs the facility manager? __________________________________________

f.        Will there be any subcontracts or assignments with other entities?

            ___ No  

            ___ Yes - attach copies and define: _________________________________________

g.       What percentage of facility revenues flow to the consultant? _______________________

h.       Is the consultant also: an equipment lessor for the facility?      ___ No  ___ Yes

                                        a real property lessor for the facility?      ___ No  ___ Yes

i.        Who is responsible for financial decisions? By whom is this person employed (facility or consultant)? _____________________________________________________________

3.        Will another entity provide financing for this CON project?  ___ No

                                                                                                 ___ Yes - complete below

a.       Define lender and its relationship to the applicant and consultant. __________________

                      _______________________________________________________________________

 

Completed by: ______________________ Signature:____________________________ Date:________

 

Please mail your response to Bureau of Project Management, NYS Department of Health, 433 River Street, 6th Floor, Troy, NY 12180. Thank you.