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 709.1 - Determination of public need pursuant to section 2802 of the public health law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The factors for
					 determining public need for health services and medical facilities shall
					 include, but not be limited to:
(1) the
					 current and projected population characteristics of the service area, including
					 relevant health status indicators and socio-economic conditions of the
					 population;
(2) normative criteria
					 for age and sex specific utilization rates to correct for unnecessary
					 utilization for health services;
(3) standards for facility and service
					 utilization, comparing actual utilization to capacity, taking into
					 consideration fluctuation of daily census for certain services, the geography
					 of the service area, size of units, and specialized service networks;
(4) the patterns of in and out migration for
					 specific services and patient preference or origin;
(5) the need that the population served or to
					 be served has for the services proposed to be offered or expanded, and the
					 extent to which all residents in the area, and in particular low- income
					 persons, racial or ethnic minorities, women, handicapped persons, and other
					 underserved groups and the elderly, will have access to those
					 services;
(6) in cases involving
					 the reduction or elimination of a service including those involving the
					 relocation of a facility or service, the extent to which need will be met
					 adequately and the effect of the reduction, elimination, or relocation of the
					 service or facility on the ability of the low-income persons, racial and ethnic
					 minorities, women, handicapped person, and other underserved groups, and the
					 elderly, to obtain needed health care;
(7) the contribution of the proposed service
					 or facility in meeting the health needs of members of medically underserved
					 groups which have traditionally experienced difficulties in obtaining equal
					 access to health services (for example, low-income persons, racial and ethnic
					 minorities, women, and handicapped persons). For the purpose of determining the
					 extent to which the proposed service or facility will be accessible to such
					 persons, following shall be considered:
(i)
					 the extent to which medically underserved populations currently use the
					 applicant's services in comparison to the percentage of the population in the
					 applicant's service area which is medically underserved, and the extent to
					 which medically underserved populations are expected to use the proposed
					 services if approved;
(ii) the
					 performance of the applicant in meeting its obligation under the applicable
					 civil rights statutes prohibiting discrimination on the basis of race, color,
					 national origin, handicap, sex and age;
(iii) the extent to which Medicare, Medicaid
					 and medically indigent patients are served by the applicant; and
(iv) the extent to which the applicant offers
					 a range of means by which a person will have access to its services.