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Title: Section 83-2.6 - Issuance of a Certificate of Public Advantage

Effective Date

12/17/2014

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.

Volume

VOLUME A-1a (Title 10)

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