The state of New York has integrated a Health Equity Impact Assessment (HEIA) into the Certificate of Need (CON) process for select health care facilities. As per the New York State Public Health Law § 2802-b, this change was enacted on June 22, 2023, and is a part of broader legislative alterations made to the Public Health Laws in 2021. As explained by Robinson+Cole Health Law Diagnosis
The inclusion of HEIA in the CON process is aimed at evaluating the potential implications of health care services on diverse population groups. It is expected that this examination will aid in addressing health disparities present throughout the state. Further, this additional requirement offers a chance for health care facilities to deliver robust patient care that is both inclusive and equitable.
While the specifics of the HEIA process are not fully detailed, it is clear that the restructuring of the CON process came as a response to calls for a more equitable public health system. The details of how this new stipulation will be implemented, and its implications for existing and future health care facilities within New York, are yet to be seen.
It remains crucial that legal professionals working in the realm of health care law are cognizant of these changes, and navigate their implications appropriately to ensure compliance with the updated legislation.
This change underlines the legal landscape’s growing attention towards health equity and the pressing need for legal authorities to adapt their practices, keeping in mind the broader societal emphasis on creating an even-handed and responsive health care system.