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 670.1 - Determination of public need pursuant to section 2801-a(3) of the public health law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The factors for
				  determining public need for the establishment of 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 socioeconomic conditions of the
				  population;
(2) normative criteria
				  for age and sex specific utilization rates to correct for unnecessary
				  utilization of medical facilities and 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 low income persons, racial and ethnic
				  minorities, women, handicapped persons, 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), particularly for those whose needs
				  are identified in the medical facilities plan. For the purpose of determining
				  the extent to which the proposed service or facility will be accessible to such
				  persons, the 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 obligations under 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 or will be 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.