N.Y. Comp. Codes R. & Regs. Tit. 10 § 82-1.6 - Functions
(a) Health systems
agencies shall conduct regional health planning for the purposes of:
(1) improving the health of residents of a
health service area;
(2) improving
the availability, accessibility, continuity, quality, effectiveness and
efficiency of the health services provided;
(3) controlling unnecessary increases in the
cost of providing health services;
(4) preventing unnecessary duplication of
health resources; and
(5) promoting
of the development of health services, manpower, and facilities which meet
identified needs, reduce inefficiencies, respond to local health planning
priorities and implement the health plans of the agency.
(b) A health systems agency shall perform the
following functions on behalf of the State based upon available resources:
(1) assess the health status and health
service needs of the population in the health service area, with attention to
variations by location, socio-economic category, ethnicity, environment, age
and disability and prepare and submit to the commissioner a comprehensive
regional health plan which identifies priorities, goals, and implementation
strategies for the health care system of the health service area;
(2) convene multiprovider and consumer
planning groups for the purpose of identifying unmet needs affecting health
status and to examine, at the community level, and report to the appropriate
state agency, ways to develop primary and preventive services to meet those
needs;
(3) assess health facility
construction needs and submit to the commissioner, in a mutually agreed upon
format and time frame, priority rankings of the capital expenditure and health
service needs identified in its health service area;
(4) convene multifacility planning groups for
the purpose of health facilities planning pursuant to Part 710 of Subchapter C
of Chapter V of this Title in order to assist the commissioner to identify
excess capacity, duplications, and unmet needs for health facilities,
equipment, and services;
(5)
convene providers of health care for the purpose of developing and implementing
plans subject to approval by the appropriate state agency which respond to
unmet needs and/or improve the allocation and distribution of health care
services;
(6) assist appropriate
state agencies, the Public Health Council, the State Hospital Review and
Planning Council and appropriate councils under the Mental Hygiene Law in the
development of standards and guidelines to determine public need for hospital
and other health, including mental health services;
(7) coordinate its activities with other
appropriate general or special purpose regional health and human services
planning or administrative agencies including area agencies on aging, local and
regional alcohol abuse, drug abuse, and mental health planning agencies, social
services agencies, county public health departments, and local health officers.
The health systems agency shall, as appropriate, obtain data from such other
agencies for use in the health systems agency's planning and development
activities, enter into agreements with such other agencies, and to the extent
practicable, provide technical assistance to such other agencies;
(8) review and comment on the standards,
criteria, findings, and recommendations proposed by the Department of Health
concerning the appropriateness of selected health services in the health
service area; and
(9) conduct
public hearings related to applications for the establishment or construction
of a hospital as defined in article 28 of the Public Health Law, the
certification of home health agencies and the authorization to provide a long
term home health care program as defined in article 36 of the Public Health
Law, the establishment or construction of a hospice as defined in article 40 of
the Public Health Law, and the establishment or construction of mental hygiene
services and facilities other than community residences as defined in section
1.03(6) and pursuant to article 31 of the Mental Hygiene Law;
(10) recommend to the commissioner and to the
Public Health Council as appropriate approval or disapproval of applications
for the establishment or construction of a hospital as defined in article 28 of
the Public Health Law, the certification of home health agencies and the
authorization to provide a long term home health care program as defined in
article 36 of the Public Health Law, the establishment or construction of a
hospice as defined in article 40 of the Public Health Law;
(11) recommend to the appropriate state
agency approval or disapproval of applications for the establishment or
construction of mental hygiene services and facilities other than community
residences as defined in section 1.03(6) and pursuant to article 31 of the
Mental Hygiene Law;
(12) perform
and issue special reports and engage in other planning and implementation
activities at the request of the commissioner (or other appropriate state
agency), such reports may be related to:
(i)
the health status (and its determinants) of the residents of the health service
area;
(ii) the status of the health
care delivery system in the area and the use of that system by the residents of
the area;
(iii) the effect the
area's health care delivery system has on the health of the residents of the
area;
(iv) the number, type, and
location of the area's health resources including health services, manpower,
and facilities; and
(v) the
patterns of utilization of the area's health resources.
(c) The commissioner shall, in
consultation with the health systems agencies, determine what specialized plans
and reports are required as well as the time frame and format for the
development of such plans and reports.
(d) In addition to the functions described in
section 82-1.6(b) of this Subpart, a health systems agency, to carry out its
purposes, functions, and activities as described in section 82-1.6(a) of this
Subpart, may enter into agreements or contracts with and receive grant funds,
contributions or donations from various entities interested in fostering the
health planning goals and objectives of this subsection. A health systems
agency may enter into agreements and contracts with and receive grant funds,
contributions or donations from such entities as:
(1) local, county, and state
government;
(2) not-for-profit
organizations exempt from taxation pursuant to section 501(c)(3) of title 26 of
the United States Code, private industry, insurers of health services, and
other organizations, excluding, however, any such entities that are providers
of health care operating facilities licensed or certified pursuant to the
Public Health Law or Mental Hygiene Law except as may be authorized in
accordance with paragraph (e)(1) of this section; and
(3) associations of health facilities or
associations of providers of health care.
(e)
(1) A
health systems agency shall not engage in any fee for service activity with a
provider or potential provider of health care services except local government
without prior approval of the State Hospital Review and Planning Council.
Approval shall be issued or denied in a timely manner.
(2) The governing body of a health systems
agency shall be responsible for developing and periodically revising policies
and procedures, governing the agency's ability to sell resources and engage in
fee for service activities or other contractual arrangements. Such policies and
procedures shall be submitted to the State Hospital Review and Planning Council
for review.
Notes
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