N.Y. Comp. Codes R. & Regs. Tit. 10 § 83-2.6 - Issuance of a certificate of public advantage
(a) The department shall not issue a
certificate of public advantage without first consulting with the Attorney
General and, as appropriate, the mental hygiene agencies, and consulting with,
and receiving a recommendation from, the public health and health planning
council.
(b) After consulting with
the Attorney General, the mental hygiene agencies as appropriate, and the
public health and health planning council, and receiving a recommendation from
the public health and health planning council, the department may issue a
certificate of public advantage for the cooperative agreement or planning
process, if it determines that the benefits likely to result from the agreement
or planning process outweigh the disadvantages.
(c) The certificate shall include any
conditions that the department, in consultation with the Attorney General, the
mental hygiene agencies as appropriate, and the public health and health
planning council, and receiving a recommendation from the public health and
health planning council, determines to be appropriate in order to ensure that
the cooperative agreement or the planning process and the activities conducted
under it are consistent with article 29-F of the Public Health Law and its
purpose to improve health care quality, access, efficiency and clinical
outcomes. Such conditions shall be related to the proposed activities and goals
of the cooperative agreement or the planning process and may include, but need
not be limited to:
(1) implementation of a
clinical integration plan;
(2)
achievement of quality benchmarks, implementing evidence-based practices and
clinical protocols, reducing preventable admissions and readmissions and
sub-optimal emergency department use, and achieving other outcomes as
identified by the department;
(3)
maintaining or expanding certain services or levels of access by under-served
populations;
(4) investment in
primary care and population health activities;
(5) improvement in population health
benchmarks;
(6) measures to prevent
unwarranted price increases and achieve savings;
(7) measures to promote efficiencies and
achieve savings, including reductions in duplication of services, unnecessary
or preventable utilization, capital expenditures, and administrative
overhead;
(8) improvement in
recruitment and retention of needed health care professionals; and
(9) conditions reasonably necessary to
ameliorate likely disadvantages, including potential disadvantages identified
in section 83-2.5(d) of this Subpart.
(d) A certificate of public advantage may be
issued for a period to be determined by the department, which shall be no less
than two years in duration, and shall be subject to active supervision as
provided in this Subpart and renewal, as applicable, pursuant to the procedure
set forth in sections 83-2.10 and 83-2.11 of this Subpart.
Notes
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