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New York

 

B


1. CRITERIA FOR TRIGGERING CON REVIEW: C

  • New hospital construction, capital expenditure development, or addition of beds to an existing hospital
  • Hospital sale/purchase/lease
  • Hospital transfer of control, only if the transfer creates an “active parent entity”
  • CON review is not triggered when there is a hospital closure
  • CON review is not triggered where there is a loss of health care service(s)
  • CON review is not triggered where there is a relocation of health care service(s)

2. ORGANIZATIONAL STRUCTURE OF REVIEW BOARD & TRANSPARENCY: A-

  • CON review is conducted by a joint administrative team and appointed board
  • CON legislation specifies criteria for appointing board members
    The board shall include a member of a health care consumer advocacy organization

3. REVIEW STANDARDS: C

  • Whether the project is compatible with state health planning goals
  • Whether the project is financially feasible
  • CON review does not look at whether the project impacts underserved populations
  • CON review does not look at whether the project impacts health care access within a geographic region

4. COMMUNICATIONS WITH THE PUBLIC: B

  • There is a website containing details about the CON process, including summaries of regulations/statues and other relevant information
  • The website contains information about each CON application, including dates of public hearings and information about submitting comments
  • It is difficult for the consumer to find info about the CON process on the website
  • There is no requirement that affected members of the public be notified about CON applications through newspaper publications or similar means

5. ACCOUNTABILITY AND PUBLIC ENGAGEMENT: B

  • The public can participate in the review process by submitting written comments
  • The public can participate in the review process by testifying at a regularly scheduled review board meeting
  • There is not a public hearing held upon request
  • There is not a mandatory public hearing where the public can testify

6. POST-APPROVAL REVIEW AND ENFORCEMENT: F

  • New York does not require post-approval review and enforcement