What New York’s new CON law and health equity assessment means for you.

What New York’s new CON law and health equity assessment means for you.

Starting June 22, 2023, hospitals, nursing homes, midwifery birthing centers, ambulatory surgery centers, and certain diagnostic and treatment centers in New York will need to complete a Health Equity Impact Assessment (HEIA) when filing a Certificate of Need (CON) application. 

According to NY Department of Health:

  • The objectives of the CON process are to promote delivery of high quality health care and ensure that services are aligned with community needs. CON provides the Department of Health oversight in limiting investment in duplicate beds, services and medical equipment which, in turn, limits associated health care costs.
  • The purpose of the HEIA is to demonstrate how a facility’s proposed project affects the accessibility and delivery of services, and whether the project will enhance health equity and contribute to mitigating health disparities in the project's service area, specifically for medically underserved groups.

“Medically underserved groups” are defined as low-income individuals, BIPOC (Black, Indigenous, People of Color) communities, immigrants, women, LGBQ (Lesbian, Gay, Bisexual, Queer) and TGNC (Transgender, Non-Conforming) communities, Disabled individuals, older adults, persons living with a prevalent infectious disease or condition, persons living in rural areas, as well as those who are eligible for/receive public health benefits, do not have third-party health coverage or have inadequate third-party health coverage, or are unable to obtain health care.

What does the Health Equity Impact Assessment look for?

  • How the project will improve access to health care, health equity, and reduction of health disparities.
  • How medically underserved groups will use the services. 
  • How the applicant meets federal regulations requiring providing uncompensated care, community services, and access by minorities and people with disabilities to programs receiving federal financial assistance.
  • What extent the applicant will provide hospital and health-related services to the medically indigent, Medicare recipients, Medicaid recipients and members of medically underserved groups.
  • The amount of indigent care, both free and below cost, that will be provided by the applicant if the project is approved.
  • Access by public or private transportation, including applicant-sponsored transportation services, to the applicant's hospital or health-related services.
  • Assuring effective communication between the applicant's hospital and health-related service staff and people of limited English-speaking ability and those with speech, hearing, or visual impairments.
  • How the project will reduce architectural barriers for people with mobility impairments.

“The goal of the HEIA is to help health care facilities reduce health disparities and have a greater positive impact on the communities they serve,” says Gaurang Choksi, Violet’s Founder and CEO. “We are excited to see how this process unfolds.” 

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