New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 1 - General Provisions › Part 709 - Determination Of Public Need For Medical Facility Construction › Section 709.11 - Inpatient rehabilitation programs for traumatic brain-injured patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 methodology will be utilized to evaluate certificate of need applications
					 involving the initiation of inpatient rehabilitation programs for traumatic
					 brain-injured patients. It is the intent of the State Hospital Review and
					 Planning Council that this methodology, when used in conjunction with the
					 planning standards and criteria set forth in section
					 709.1 of this Part, become a
					 statement of planning principles and decisionmaking tools for directing the
					 distribution of inpatient rehabilitation programs for traumatic brain-injured
					 patients. The goals and objectives of the methodology expressed herein are
					 expected to ensure that an adequate number of inpatient traumatic brain-injured
					 rehabilitation programs and beds are available to provide access to care and
					 avoid the unnecessary duplication of resources.
(b) Inpatient rehabilitation programs for
					 traumatic brain-injured patients are intensive rehabilitation programs designed
					 to prevent and/or minimize chronic disabilities while restoring the individual
					 to the optimal level of physical, cognitive, and behavioral functioning. These
					 programs are applicable to those individuals who have severe disabling
					 impairments of recent onset and are able to participate daily (at least five
					 days per week) in multi-disciplinary programs for a minimum of three hours per
					 day.
(c) The factors and
					 methodology for determining the public need for inpatient rehabilitation
					 programs for traumatic brain-injured patients shall include, but not be limited
					 to, the following:
(1) The service area for
					 determining the public need for inpatient rehabilitation programs for traumatic
					 brain-injured patients shall be the designated health systems agency
					 regions.
(2) The maximum number of
					 inpatient rehabilitation beds for traumatic brain-injured patients in each
					 health systems agency region required to meet the public need shall be
					 determined by dividing the projected annual patient days for the service by
					 365, and dividing the result by 0.90 to allow for 90-percent occupancy. The
					 projected inpatient rehabilitation patient days for traumatic brain-injured
					 patients used in this calculation shall be determined as follows:
(i) The diagnostic categories used in
					 computing the need for inpatient rehabilitation beds for traumatic
					 brain-injured patients shall be: brain dysfunction, traumatic brain dysfunction
					 and skull fracture.
(ii) The annual
					 number of potential candidates for inpatient rehabilitation programs for the
					 traumatic brain-injured shall be determined by calculating the total numbers of
					 annual general hospital discharges from the categories considered, plus an
					 additional 10 percent, and multiplying the resulting figure by 0.155.
(iii) The number of potential candidates for
					 inpatient rehabilitation programs for the traumatic brain-injured shall be
					 multiplied by an 85-day rehabilitation length-of-stay to project the annual
					 number of inpatient rehabilitation days for traumatic brain-injured
					 patients.
(iv) A traumatic
					 brain-injured rehabilitation program that is organized as a specialized unit
					 within a comprehensive inpatient physical medicine and rehabilitation program
					 shall have a minimum of 10 beds. A traumatic brain-injury rehabilitation
					 program that is organized as a freestanding inpatient rehabilitation program
					 shall have a minimum of 20 beds.
(v) The Health Systems Agencies may make
					 adjustments to these bed need estimates to address patient migration patterns
					 and other regional planning issues.
(3) Where public need is established herein,
					 and in addition to meeting the operating requirements of either section
					 405.18(e) of this
					 Title (traumatic head-injury programs of general hospitals) or section
					 415.36 of this Title (long-term
					 inpatient rehabilitation program for head-injured residents in nursing homes),
					 priority consideration will be given to applicants that:
(i) Demonstrate a commitment to developing
					 and participating in an area-wide network of service organizations which
					 provide and coordinate a full array of rehabilitation, support, education,
					 vocational rehabilitation, recreation, housing, case management and social
					 services for persons with traumatic brain injuries.
(ii) Have a coma recovery care program for
					 brain-injured patients who are unable to participate in an active
					 rehabilitation program or have a transfer agreement with a facility that has a
					 coma recovery care program for traumatic brain-injured patients. The number of
					 coma recovery care beds needed in each health systems agency region shall be
					 determined by the ratio of six beds per 1.5 million population.
(iii) Have an extended care program for
					 traumatic brain-injured patients who are unable to participate in an active
					 rehabilitation program or a transfer agreement with a facility that has an
					 extended care program for traumatic brain-injured patients.
(iv) Will provide access to New York State
					 Medicaid recipients or to patients or residents who are likely to become
					 Medicaid-eligible.
(v) Demonstrate
					 a commitment to serve the medically indigent and patients regardless of the
					 source of payment.