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 709.7 - Liver transplantation services

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 liver
					 transplantation services. 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 liver transplantation services. The goals and objectives of the
					 methodology expressed herein are expected to insure that an adequate number of
					 liver transplantation services are available to provide access to care and
					 avoid the unnecessary duplication of resources.
(b) The factors and methodology for
					 determining the public need for liver transplantation services shall include,
					 but not be limited to, the following:
(1) The
					 need for liver transplantation services will be planned for on a statewide
					 basis based on an incidence rate of candidates for liver transplantation of 10
					 persons per one million population per year.
(2) There shall be one liver transplantation
					 service center per five million population.
(3) Each applicant for a liver
					 transplantation service must present evidence that a minimum of 20 transplants
					 per year shall be achieved within two years of initial operation.
(4) There shall be no additional liver
					 transplantation services approved until each existing transplantation service
					 is performing 50 transplantations per year.
(5) Priority consideration will be given to
					 applicants that propose to provide this service within the facility's current
					 capacity.
(6) Where public need is
					 established herein, priority consideration will be given to applicants that
					 agree to serve the medically indigent and patients regardless of the source of
					 payment.
(7) In addition, each
					 applicant applying to initiate a liver transplantation service must meet the
					 following standards:
(i) Each applicant must
					 demonstrate the availability of a liver transplantation surgeon with board
					 certification in general surgery or have equivalent experience and demonstrate
					 the ability to perform liver transplantation as evidenced by clinical
					 experience in an existing liver transplantation program.
(ii) Each applicant must demonstrate the
					 availability of a liver transplantation team that includes qualified
					 specialists in gastroenterology, hepatology, infectious disease, pulmonary
					 medicine, immunology, hematology, pediatrics, neurology, neurosurgery and
					 nephrology.
(iii) Each applicant
					 must demonstrate its participation in a donor organ procurement system, or a
					 donor organ harvesting program, or a written affiliation agreement with an
					 existing approved or registered donor organ procurement or harvesting
					 agency.