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 709.4 - End stage renal dialysis service

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 This methodology will be utilized in the evaluation of certificate of need
					 applications involving the construction or establishment of new or replacement
					 dialysis stations used in the treatment of end stage renal disease. 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 basic principles and planning/decisionmaking tools for guiding and
					 directing the development of dialysis stations for end stage renal disease
					 services throughout the State. Additionally, it is intended that the
					 methodology will provide the health systems agencies and potential applicants
					 with sufficient flexibility to consider the unique characteristics of their
					 respective areas in determining need. The goals and objectives of the
					 methodology expressed herein are expected to ensure that an adequate supply of
					 dialysis stations are available to provide access to care to all those in need
					 of in-facility dialysis.
(b) The
					 factors to be considered in determining the public need for dialysis stations
					 shall include, but not be limited to, the following:
(1) evidence that the proposed dialysis
					 services capacity proposed will be utilized sufficiently to be financially
					 feasible as demonstrated by a five-year analysis of projected costs and
					 revenues associated with the program;
(2) evidence that the proposed service or
					 additional capacity will enhance access to services by patients including
					 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),
					 and/or appropriate rural populations;
(3) evidence that the facility's hours of
					 operation and admission policies will promote the availability of services
					 which are acceptable to those in need of such services, in particular,
					 operational hours that permit individuals in dialysis to continue
					 employment;
(4) the facility's
					 willingness and ability safely to serve dialysis patients; and
(5) when an existing provider proposes to add
					 12 or more stations, evidence, derived from analysis of factors including but
					 not necessarily limited to both existing patient referral and use patterns and
					 projected referral and use patterns which would result from addition of the
					 proposed stations, indicating that approval of such stations will not
					 jeopardize the quality of service provided at or the financial viability of
					 other existing dialysis facilities or services within the applicant's planning
					 area. However, a finding that the proposed facility would jeopardize the
					 financial viability of such existing facilities will not, of itself, require a
					 recommendation of disapproval of the application.