reglab/statecodes huggingface dataset:
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 702 - Environmental Health › Section 702.3 - Fire and safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Buildings
					 and equipment shall be maintained and operated so as to prevent fire and other
					 hazards to personal safety.
(b) The
					 facility shall comply with the pertinent provisions of NFPA 101, Life Safety
					 Code. Further details concerning this referenced material are contained in
					 section 711.2(a) of this
					 Title.
(c) The facility shall
					 comply with the pertinent provisions of NFPA 99, Standard for Health Care
					 Facilities. Further details concerning this referenced material are contained
					 in section
					 711.2(a) of this
					 Title.
(d) The facility shall
					 maintain a procedure to investigate fires. A written report of the
					 investigation containing all pertinent information shall be made. The report
					 shall remain on file for not less than six years.
(e) The facility shall maintain a procedure
					 for reporting to a designated administrative officer on a standard form adopted
					 for the purpose, all accidents to patients, staff, employees or visitors. The
					 report shall include all pertinent information and shall be kept on file for
					 not less than six years after the occurrence was reported.
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 702 - Environmental Health › Section 702.4 - Infection control and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Medical facilities shall:
(a) Establish an infection control committee,
					 composed of representative staff, which shall be responsible for establishing
					 policies and procedures for investigating, controlling and preventing
					 infections in the facility. The policies and procedures shall include those for
					 the isolation of patients with communicable or infectious diseases or patients
					 suspected of having such diseases, for training all personnel rendering care to
					 such patients in the employment of standard infection control techniques, and
					 for obtaining periodic reports of nosocomial infections. Nosocomial infections
					 shall include an increased incidence or outbreak of disease due to biological,
					 chemical or radioactive agents or their toxic products occurring in patients or
					 persons working in the hospital.
The committee shall establish methods to ensure that
						policies and procedures are executed and the infection control program is
						effective.
(b) Assure that
					 written effective procedures is aseptic and isolation techniques are followed
					 by all personnel. Procedures are to be reviewed annually and revised if
					 appropriate for effectiveness and improvement.
(c) Report immediately to the regional health
					 director or associate commissioner for New York City affairs the presence of
					 nosocomial infections.
(d) Report
					 immediately to the city, county, or district health officer the presence of any
					 communicable disease as defined in section
					 2.1 of this Title (State Sanitary
					 Code).
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 702 - Environmental Health › Section 702.5 - Linen and laundry

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority or operator shall:
(a) Provide a sufficient quantity of clean
					 linen to meet the requirements of patients and residents; nursing homes and
					 health-related facilities shall maintain a linen inventory equal to at least
					 three times the average daily census and of this one-third shall be in use,
					 one-third in laundry and one-third in reserve.
(b) Maintain linen in proper condition for
					 use, free from rips and tears.
(c)
					 Provide for satisfactory laundering of linens and other washable
					 fabrics.
(d) Handle, store and
					 process laundry in a manner that will prevent the spread of infection and
					 assure the maintenance of clean linen.
(e) Wash all linen, including blankets,
					 between patient use.
(f) Bag or
					 enclose all used linen in suitable containers within the patient care unit for
					 transportation to the laundry.
(g)
					 Separately bag or enclose used linens from isolation rooms, infectious patients
					 and the pathology department in readily identifiable containers distinguishable
					 from other laundry.
(h) Properly
					 maintain space and equipment for laundry storage and transportation.
(i) Launder only in areas and with equipment
					 properly maintained and approved for such purpose by the department.
(j) Launder in a manner designed to prevent
					 contamination of clean linen and to prevent infection.
(k) Transport clean linen in clean covered
					 containers used exclusively for the purpose, and store clean linen in clean
					 storage areas in a manner to prevent its contamination.
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 702 - Environmental Health › Section 702.6 - Animals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No birds,
					 turtles, dogs, cats or other animals exclusive of those required for laboratory
					 purposes shall be allowed in a medical facility, except in a residential health
					 care facility pet therapy program as permitted in subdivisions (b) and (c) of
					 this section. Guide dogs may accompany sightless persons.
(b) A residential health care facility may
					 board one dog or one cat, provided:
(1) the
					 health, safety, welfare and rights of all patients/residents are
					 assured;
(2) a staff member has
					 been designated to be responsible for the care and management of the
					 animal;
(3) the animal is free from
					 disease and has received all immunizations as recommended by a licensed
					 veterinarian; and
(4) the animal
					 shall not be allowed in laundry, utensil storage or food preparation
					 areas.
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 702 - Environmental Health › Section 702.7 - Emergency and disaster preparedness

Current through Register Vol. 46, No. 28, July 10, 2024
Medical facilities shall have an acceptable written plan,
						rehearsed and updated at least twice a year, with procedures to be followed for
						the proper care of patients and employees, including the reception and
						treatment of mass casualty victims, in the event of an internal or external
						emergency or disaster arising from the interruption of normal services
						resulting from earthquake, tornado, flood, bomb threat, strike, interruption of
						utility services and similar occurrences. All employees are to be trained in
						all aspects of preparedness for any interruption of services and for any
						disaster.
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 703 - Ambulatory Services › Section 703.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to hospitals with
						outpatient departments and to independent out-of-hospital health facilities
						which accept primary responsibility for health supervision and medical care of
						patients.
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 703 - Ambulatory Services › Section 703.2 - General standards

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities providing ambulatory services shall conform to
						all applicable provisions of this Chapter, including, but not limited to,
						meeting the standards for adequate child health services, the educational and
						training needs of any interns and residents and the requirements for review of
						medical records.
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 703 - Ambulatory Services › Section 703.3 - Medical service plan

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities providing ambulatory services shall submit to
						the department a plan governing the provision of medical services to patients,
						which has been approved by the governing authority and the medical staff,
						including, as a minimum, the following:
(a) a comprehensive medical evaluation for
					 such patients on a periodic basis indicating the method of selection of
					 patients for annual or other periodic examination;
(b) continuity of care when such patients
					 require hospitalization, home care or emergency care when such services in the
					 facility are not available;
(c) the
					 method of scheduling patient visits to physicians with general scheduling of
					 not more than five patients per hour with an allowance of at least 30 minutes
					 for the first complete patient workup;
(d) where a specific provision of the plan
					 required cannot be implemented immediately, a plan of implementation shall be
					 included, with the anticipated time limit for achieving each phase of the
					 objective specified; and
(e) where
					 it is deemed necessary that any provision of the plan required should be waived
					 indefinitely because of practical difficulties or unnecessary hardships in
					 complying therewith, where such waiver is in the community interest and does
					 not adversely affect the protection of the health of the patient, a request for
					 such waiver and the reasons therefor.
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 703 - Ambulatory Services › Section 703.4 - Extension clinics

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the requirements of this Chapter,
						extension clinics shall submit to the department a plan acceptable to the
						commissioner governing the location and objectives of the extension clinic, the
						relationships to the parent organization and a detailed program of
						operation.
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 703 - Ambulatory Services › Section 703.5 - Multiphasic health screening facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The requirements of section
					 703.3 of this Part with respect to
					 submission of a medical service plan shall not apply to a multiphasic health
					 screening facility.
(b) A
					 multiphasic health screening facility shall have an affiliation with a backup
					 medical facility. The affiliation agreement between a screening and a backup
					 facility shall be in writing and the responsibilities of these facilities shall
					 be clearly stated.
(c) Mobile
					 health screening units shall be either an extension of an established and
					 certified medical facility or have an affiliation with a certified facility or
					 an organized medical facility acceptable to the commissioner.
(d) The geographic area to be served shall be
					 designated.
(e) Services provided
					 shall be under the supervision of a currently licensed physician.
(f) Services shall be provided only to
					 persons referred by a practicing physician, except in a case where the
					 screening facility is under the auspices of a general hospital or an
					 independent out-of-hospital health facility which has been certified by the
					 department, a public health agency, or a health insurance group or plan
					 approved by the Superintendent of Insurance.
(g) The components of any battery of tests to
					 be performed shall be tailored to the population to be screened and each
					 proposed screening facility shall present justifications for the tests
					 offered.
(h) All findings of
					 screening tests performed shall be provided in writing to the referring
					 physician or agency making the referral.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.1 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
Due to the frequent development of new medical
						technologies involving in both medical equipment and health services, it is
						necessary and appropriate in order for the department to carry out its
						responsibilities under article 28 of Public Health Law and to assure that such
						equipment and services will be of a high quality, of adequate safety,
						efficiently provided at a reasonable cost and properly utilized, to evaluate
						the medical efficacy, cost effectiveness and efficiency of and need for such
						equipment and services before such equipment and services may be considered as
						usual, customary and generally accepted modalities of providing patient
						diagnosis, care, treatment or other health services in medical
						facilities.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
New medical technology and health services demonstration
						projects. For purposes of this Chapter, a new medical technology and health
						services demonstration project shall mean a time limited project approved under
						section
						2802 of the
						Public Health Law and this Subchapter to evaluate the medical efficacy, safety,
						cost effectiveness and efficiency of, and need for, an innovation in medical
						technology including, but not limited to, equipment and services, in or by a
						medical facility, that has not yet been generally recognized and accepted by
						the medical profession and institutional health care industry as a usual and
						customary modality of providing patient diagnosis, care, treatment or other
						health services.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.3 - Selection of innovations for evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall determine those
					 innovations in medical technology which shall require evaluation through a
					 demonstration project before they may be considered for review and approval
					 pursuant to section
					 2802 of the
					 Public Health Law and Part 710 of this Subchapter without limitation as to time
					 or scope, after affording the health systems agencies and the State Hospital
					 Review and Planning Council an opportunity to submit their recommendations,
					 based on pertinent factors including, but not limited to, the following:
(1) the relative costs associated with
					 acquiring, operating or providing the innovation when compared to the costs
					 associated with other methods of providing comparable services;
(2) the potential for patient or personnel
					 harm or injury associated with the use and operation of the
					 innovation;
(3) the need to
					 demonstrate the medical usefulness of efficacy of the innovation; and
(4) the need to identify and collect data in
					 order to develop appropriate need and utilization standards for the
					 innovation.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.4 - Application for approval

Current through Register Vol. 46, No. 28, July 10, 2024
An application to the commissioner for approval of a
						demonstration project shall be in a format prescribed by the department. An
						original and eight copies of the application shall be forwarded to the
						Department's Project Management Unit, Corning Tower, Governor Nelson A.
						Rockefeller Empire State Plaza, Albany, NY 12237 within 45 days after issuance
						of the notice by the commission as referred to in section
						705.3(b) of this
						Part.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.5 - Technical advisory groups

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall appoint appropriate technical
						advisory groups to be comprised of members with expertise in the area of
						innovations in medical technology, the medical profession, and health care
						industry to review, and make recommendations relating to, the selection of
						applications for demonstration projects. The technical advisory groups shall
						meet as appropriate.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.6 - Review criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The technical advisory groups in reviewing applications
						and making recommendations, and the commissioner in making his determinations,
						shall consider pertinent factors including, but not limited to, the
						following:
(a) the extent to which an
					 applicant's proposal meets the goals of the demonstration as set by the
					 commissioner;
(b) the adequacy of
					 the methodology proposed for the demonstration;
(c) the ability of the proposed demonstration
					 to collect data required for an analysis of the project;
(d) the adequacy and appropriateness of the
					 plan for organizing and carrying out the project;
(e) the technical qualifications of the
					 principal investigator and the proposed project staff;
(f) the reasonableness of the proposed budget
					 in relation to the proposed project;
(g) the adequacy of the facility and
					 resources available to the applicant;
(h) where an application involves activities
					 which could have an adverse health effect upon individuals participating in the
					 demonstration, the adequacy of the proposed means for protecting against or
					 minimizing such effects;
(i) the
					 relevance and status of any approvals required by the Federal Food and Drug
					 Administration for the subject of the demonstration project; and
(j) the number of applications to be
					 approved.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.7 - Application review process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applications will be subject to full review, consistent with the requirements
					 of Part 710 of this Subchapter, affording the State Hospital Review and
					 Planning Council an opportunity to submit its recommendations prior to a
					 decision by the commissioner. The commissioner shall approve a limited number
					 of applications sufficient to evaluate any identified innovation in medical
					 technology.
(b) Notwithstanding
					 section 600.9(c) of this
					 Title, in the case of an application for a new medical technology and health
					 services demonstration project where the portion of the total project cost
					 which is directly related to the new medical technology or health service
					 exceeds $100 million, the commissioner may approve the use of innovative forms
					 of financing, provided that:
(1) sufficient or
					 affordable financing is not available from more traditional sources;
					 and
(2) the new medical technology
					 or health service has the potential to substantially improve treatment for one
					 or more life threatening medical conditions, based on scientific
					 evidence;
(3) the project will
					 provide access to the medical technology or health service for underserved
					 populations, including Medicaid beneficiaries and uninsured
					 individuals.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.8 - Demonstration project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Demonstration projects shall be limited to such period of time as the
					 commissioner deems appropriate consistent with the nature of the
					 project.
(b) During the course of a
					 demonstration project, the medical facility shall submit, every six months,
					 written progress reports to the department in a format prescribed by
					 department.
(c) Upon completion of
					 a demonstration project, the medical facility shall submit a final written
					 report to the department in a format prescribed by the department.
(d) Patient medical records and data shall be
					 afforded confidential treatment consistent with applicable Federal and State
					 statutes, regulations and policies.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.9 - Review of demonstration project data

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner and the technical advisory groups shall
						review and analyze the reports and data submitted with respect to the
						demonstration projects and evaluate the medical efficacy, cost effectiveness
						and efficiency of, the need for, and the quality of care and safety associated
						with the innovation in medical technology being evaluated and shall report
						their findings and recommendations to the State Hospital Review and Planning
						Council and Public Health Council. Upon completion of a demonstration project
						and a determination by the commissioner that the subject of the demonstration
						meets an identifiable need, is cost effective and efficient and meets generally
						accepted medical standards for safety and effectiveness, applicants
						participating in the demonstration, as well as other medical facilities, must
						apply in order to acquire, operate or provide the innovation in technology that
						was the subject of the demonstration pursuant to section
						2802 of the
						Public Health Law and Part 710 of this Title.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.10 - Rermination of a demonstration project

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to any other basis upon which an operating
						certificate or an approval of construction may be cancelled, terminated,
						withdrawn, or annulled pursuant to article 28 of the Public Health Law and this
						Chapter, an applicant's approval to participate in a medical technology
						demonstration project may be cancelled or terminated by the commissioner
						if:
(a) the applicant deviates
					 significantly from its approved demonstration project design or protocols
					 without approval from the commissioner;
(b) there is a significant change in the
					 information or assurances contained in the application which were relevant
					 factors upon which the application was granted favorable recommendation by the
					 technical advisory groups and approved by the commissioner; or
(c) the applicant submits a written request
					 to withdraw from the demonstration and the request is approved by the
					 commissioner. A request to terminate a demonstration project prior to its
					 scheduled completion must include documentation of at least one of the
					 following factors:
(1) that sufficient
					 evidence of the costs associated with and benefits of the technology is
					 available; or
(2) that continuation
					 of the project would result in serious financial hardship to the
					 facility.
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 705 - New Medical Technology And Health Services Demonstration Projects › Section 705.11 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
The pertinent provisions of Part 86 of this Title shall
						apply to approved medical technology demonstration projects; provided, however,
						that reimbursement pursuant to title 11 (Medical Assistance for Needy Persons)
						of article 5 of the Social Services Law shall not be available unless there is
						Federal financial participation pursuant to title XIX of the Social Security
						Act (Medicaid).
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 707 - Physician's Assistants And Specialist's Assistants › Section 707.1 - Medical staff applicability

Current through Register Vol. 46, No. 28, July 10, 2024
All hospitals as defined under article 28 of the Public
						Health Law shall be subject to the provisions of this Part.
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 707 - Physician's Assistants And Specialist's Assistants › Section 707.2 - Medical board responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
The medical board, or for medical facilities having no
						medical board a medical advisory committee composed of at least two currently
						registered physicians, shall adopt with governing board approval by-laws rules
						and regulations which provide formal procedures for the evaluation of the
						application and credentials of registered physician's assistants and registered
						specialist's assistants applying for employment or privileges in the facility
						for the purpose of providing medical services under the supervision of a
						physician.
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 707 - Physician's Assistants And Specialist's Assistants › Section 707.3 - General standards

Current through Register Vol. 46, No. 28, July 10, 2024
Medical facilities employing or extending privileges to
						registered physician's assistants, registered specialist's assistants or both
						shall:
(a) Employ or extend privileges
					 only to physician's assistants and specialist's assistants who are currently
					 registered with the New York State Department of Education.
(b) Designate in writing the licensed and
					 currently registered staff physician or physicians responsible for the
					 supervision and direction of each physician's assistant and specialist's
					 assistant employed or extended privileges. No physician shall be designated to
					 supervise and direct more than six physician's assistants or specialist's
					 assistants or a combination thereof.
(c) Employ or extend privileges only to
					 physician's assistants and specialist's assistants whose training and
					 experience are within the scope of practice for which the physician or
					 physicians to whom they are assigned are qualified.
(d) Be approved for providing the specialized
					 medical services for which the specialist's assistant is employed or extended
					 privileges and employ and extend privileges only to specialist's assistants
					 whose training and experience are appropriate to the delivery of the
					 specialized service.
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 708 - Appropriateness Review › Section 708.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall review, at least every five years,
						those hospital services and home care services with respect to which goals have
						been established in the State Health Plan, and, after consideration of the
						recommendations submitted by health systems agencies and the State Hospital
						Review and Planning Council, make public his findings as to the appropriateness
						of such services within one year after receipt of the health systems agency
						recommendations. The commissioner's reviews shall follow the procedures and
						utilize the criteria set forth in this Part. Such criteria shall relate to
						need, accessibility and availability, financial viability, cost effectiveness,
						and the quality of the service provided, except that criteria adopted for
						review may vary according to the type of service being reviewed and the purpose
						of the review.
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 708 - Appropriateness Review › Section 708.5 - Specific review criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In the review of the following specific hospital and home
						care services, in order to arrive at a determination regarding the
						appropriateness thereof, the following criteria shall be applied:
(a) [
Reserved
]
(b)
Burn care services.
(1) All services.
(i) The standards of this Chapter shall be
					 applicable to the extent that such standards relate to the service under review
					 or to the physical location in which the service is being provided.
(ii) Every hospital has and follows a
					 prescribed protocol for burn triage, emergency burn care, and referral. The
					 protocol includes as a minimum:
(a) the
					 Lund-Browder chart or a similar chart for estimating total body surface
					 area;
(b) a provision that major
					 burn injury is to be treated, to the extent possible, in a burn unit/center
					 except for emergency care prior to referral to such unit/center; and
(c) a provision that moderate uncomplicated
					 burn injury is to be treated, to the extent possible, in a burn program or burn
					 unit/center.
(iii) The
burn unit/center
is responsible for training facility and
					 other personnel within the service area on emergency treatment procedures,
					 assessment of total body surface area affected, and the classification of burns
					 and triage protocols.
(iv) A burn
					 service is provided by a financially viable facility.
(v) Reviews of each patient with major burn
					 injury or moderate uncomplicated burn injury are undertaken on a weekly basis
					 by the burn care team.
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 709.3 - Residential health care facility beds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding the provisions of section
					 709.1(a), (b),
					 and (c) of this Part, the methodology and procedures in this section will be
					 used in the evaluation of certificate of need applications involving the
					 construction of new or replacement residential health care facility beds, the
					 renovation of residential health care facilities, the sale or transfer of
					 residential health care facility beds between facilities, or the establishment
					 of residential health care facilities, including changes of ownership subject
					 to review by the Public Health Council.
(b)
(1) For
					 purposes of this methodology, the base year shall be 2006 and the planning
					 target year shall be 2016. The planning area shall be the county except as
					 otherwise provided for in this section.
(2) Notwithstanding any other provision of
					 this section, the estimates of public need for residential health care facility
					 beds determined under this section for the planning target year shall continue
					 to be the estimates of public need for such beds for years subsequent to the
					 planning target year until a new bed need methodology is promulgated.
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 709.5 - Ambulatory surgery 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 construction or establishment of new ambulatory surgery centers
					 or services or extension clinics of existing centers. 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(a) of this
					 Part, become a statement of basic principles and planning/decisionmaking tools
					 for guiding and directing the development of ambulatory surgery services and
					 facilities throughout the State. This methodology is intended to promote the
					 development of ambulatory surgery programs as a cost-effective alternative to
					 inpatient surgery where appropriate. It is also intended that this methodology
					 will provide potential applicants with sufficient flexibility to consider the
					 unique characteristics of their prospective projects in determining
					 need.
(b) Terms defined.
(1) Ambulatory surgery service, as set forth
					 in section
					 755.1 of this Title, is a service
					 organized to provide those surgical procedures which need to be performed for
					 safety reasons in an operating room on anesthetized patients requiring a stay
					 of less than 24 hours. A list of procedures appropriate for ambulatory surgery
					 is set forth in section
					 86-4.40 of this Title. Ambulatory
					 surgery services may be provided in a free-standing ambulatory surgery facility
					 or a hospital-based ambulatory surgery facility. Ambulatory surgery facilities
					 may be either single or multi-specialty.
(2) Hospital-based ambulatory surgery
					 services, as set forth in section
					 405.20(d) of this
					 Title, may be located at the same site as the hospital (on-site) or apart from
					 the hospital (off- site).
(3)
					 Free-standing ambulatory surgery services and facilities are certified to
					 operate as diagnostic and treatment centers as set forth in section
					 600.8 of this Title.
(4) Extension clinic shall mean an extension
					 clinic as defined in section
					 401.1 of this Title.
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 709.6 - Extracorporeal shockwave lithotripters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This methodology will be utilized to
					 evaluate certificate of need applications involving the acquisition of
					 extracorporeal shockwave lithotripters (ESWL). 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 extracorporeal shockwave lithotripters. The goals and
					 objectives of the methodology expressed herein are expected to insure that an
					 adequate number of ESWL units 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 ESWL units shall include, but not be limited to
					 the following:
(1) There shall be one ESWL
					 unit for each 2.5 million residents within a health system agency's geographic
					 area with a minimum of one unit in each health systems agency's geographic
					 area.
(2) Each applicant must
					 present evidence that an annual minimum utilization of 750 procedures shall be
					 achieved within two years of initial operation, except those applicants located
					 in a health systems agency whose geographic area contains less than 2.5 million
					 residents.
(3) In addition, each
					 applicant applying to acquire an ESWL unit must meet the following standards:
(i) Each applicant must demonstrate the
					 availability of urologists who meet the definition of a qualified specialist.
					 The applicant must also have competence in the provision of diagnostic,
					 metabolic, and surgical services to patients with kidney stone disease. This
					 shall include experience in the performance of renal surgery, percutaneous
					 procedures and ureteroscopy for the removal of urinary calculi.
(ii) Each applicant must submit a plan to
					 develop referral agreements with all facilities in the relevant service
					 area.
(iii) Each applicant must
					 submit a plan to evaluate ESWL compared to alternative therapeutic modalities
					 in terms of clinical efficacy, utilization and costs.
(iv) Where public need is established herein,
					 priority consideration will be given to applicants that agree to serve the
					 medically indigent and patients regardless of source of payment.
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 709.12 - Need methodology for acquisition of magnetic resonance imagers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 methodology will be utilized to evaluate certificate of need applications,
					 submitted by facilities other than general hospitals, involving the acquisition
					 of magnetic resonance imagers (MRI). 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 magnetic resonance imagers. The goals and objectives of the
					 methodology expressed herein are expected to ensure that an adequate number of
					 MRI units available to provide access to care and avoid the unnecessary
					 duplication of resources.
(b) The
					 factors and methodology for determining the public need for MRI units shall
					 include, but not be limited to the following:
(1) The need for MRI units will be planned
					 for on a Health Systems Agency (HSA) region basis using a formula based on the
					 number of CT scans performed in the region as follows:
(i) The total CT scans performed in an HSA
					 region is reduced by 15 percent to account for patients that are not suitable
					 for MRI studies due to the presence of pacemakers and motion
					 problems.
(ii) Of the remaining
					 number of CT scans, 60 percent will be deemed to be studies of the central
					 nervous system (CNS).
(iii) 55
					 percent of the patients that receive CT scans of the CNS will be deemed to be
					 candidates for an MRI scan.
(iv)
					 The resulting number is increased by 30 percent to account for MRI studies of
					 areas other than the CNS.
(v) Each
					 MRI has an annual capacity for 3,200 scans.
(vi) The estimated number of MRI scans for
					 the HSA region is divided by 3,200 to determine the number of MRI units which
					 are needed.
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 709.13 - Adult day health-care programs

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 adult day health-care programs. 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 adult day health-care programs. The goals and objectives of the
					 methodology expressed herein are expected to ensure that an adequate number of
					 adult day health-care programs are available to provide access to care and
					 avoid the unnecessary duplication of resources. Additionally it is intended
					 that the methodology provide sufficient flexibility to consider additional
					 circumstances that reflect on the need for adult day health care.
(b) The factors and methodology for
					 determining the public need for adult day health-care services in each county
					 shall include, but not be limited to:
(1) An
					 estimate of the capacity needed in adult day health-care programs to serve
					 adult day health-care registrants. For purposes of this section, capacity means
					 the number of registrants that an adult day health-care program can accommodate
					 at one time based on factors such as availability of staff, furniture and
					 equipment and the number and size of the rooms used for the program. This
					 capacity is calculated using population estimates for each county projected
					 five years in the future. This capacity shall be calculated using the following
					 age cohorts and capacity measures:
(i)
					 capacity for 0.04 registrants per 1,000 population aged 20-64;
(ii) capacity for 2.5 registrants per 1,000
					 population aged 65-74; and
(iii)
					 capacity for 3.65 registrants per 1,000 population aged 75 and over.
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 709.16 - Therapeutic radiology or radiation oncology

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This methodology will be utilized to
					 evaluate certificate of need applications involving the acquisition of
					 megavoltage (MEV) devices used in therapeutic radiology. 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 decision making tools for directing the
					 distribution of MEV devices. The goals and objectives of the methodology
					 expressed herein are expected to ensure that an adequate number of therapeutic
					 radiology units are available to provide access to care and avoid the
					 unnecessary duplication of resources.
(b) The factors for determining the public
					 need for MEV devices used in therapeutic radiology shall include, but not be
					 limited to, the following:
(1) No equipment
					 other than four or more MEV or cobalt teletherapy units with a source axis
					 distance of 80 or more centimeters and rotational capabilities will be
					 considered appropriate as the primary unit in a multi-unit radiotherapy service
					 or as the sole unit in a smaller radiotherapeutic unit.
(2) Ninety-five percent of the total
					 population of each health region is within a one-hour mean travel time,
					 adjusted for weather conditions, of a facility providing therapeutic radiology
					 services.
(3) The expected volume
					 of utilization sufficient to support the need for an MEV machine shall be
					 calculated as follows:
(i) Each applicant and
					 MEV machine shall provide a minimum of 5,000 treatments per year and have the
					 capacity to provide 6,500 treatments per year. These volumes may be adjusted
					 for the expected case-mix of a specific facility.
(ii) Sixty percent of the annual incidence of
					 cancer cases in a service area will be candidates for radiation
					 therapy.
(iii) Fifty percent of
					 radiation therapy patients will be treated for cure with an average course of
					 treatment of 35 treatments and 50 percent of patients will be treated for
					 palliation with an average course of treatment of 15 treatments. These
					 estimates may be adjusted based on the case-mix of a specific
					 facility.