New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter B - Hospital Establishment › Part 670 - Determination Of Public Need For Medical Facility Establishment › Section 670.6 - 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 Public Health Council that this methodology, when used in
				  conjunction with the planning standards and criteria set forth in section
				  670.1 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 facilities 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) evidence, derived from analysis of
				  factors including, but not necessarily limited to, patient referral and use
				  patterns of existing dialysis facilities and services and projected referral
				  and use patterns of both the proposed facility, and of existing facilities or
				  services within the applicant's planning area which would result from approval
				  of the proposed facility, indicating that approval of the proposed facility
				  will not jeopardize the quality of services provided at or the financial
				  viability of such existing facilities or services. However, a finding that the
				  proposed facility will jeopardize the financial viability of one or more
				  existing facilities will not of itself require a recommendation of disapproval
				  of the proposed application.