1. (1) the area is a geographic region appropriate for the effective planning and development of health services, determined on the basis of factors including population and the availability of resources to provide all necessary health services for residents of the area;
2. (2) the boundaries of health service areas have been determined so as to recognize the differences in health planning and health services development needs between metropolitan and nonmetropolitan areas;
3. (3) in order for a bi-state health service area to be designated, a bi-state planning agreement must be established. The bi-state planning agreement shall include but need not be limited to the following provisions: standards for equitable representation of board membership from each state; boundaries that are consistent with medical trade patterns; provisions for financial support from each state; and comparable policies and procedures to be implemented by the bi-state health systems agency in evaluating the availability and need for hospital or other health care facilities or services and governing the collection of data and statistics for health planning. Any such bi-state agreement shall be signed by the executives of each state.

4. (b) The geographical boundaries and territorial extent of the health services areas in New York State for health systems agencies are based on county groupings, approved by the governor, as described below:

   Area 1: the counties of Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Orleans, Niagara, and Wyoming.

   Area 2: the counties of Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne, and Yates.

   Area 3: the counties of Cayuga, Cortland, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, and Tompkins.

   Area 4: the counties of Broome, Chenango, Tioga, Bradford, Sullivan and Susquehanna provided a bi-state planning agreement with the State of Pennsylvania exists.

   Area 5: the counties of Albany, Clinton, Columbia, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Washington, and Warren.

   Area 6: the counties of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester.

   Area 7: the counties of Bronx, Kings, New York, Queens, and Richmond.

   Area 8: the counties of Nassau and Suffolk.

(a) Geographical description.

Health service areas have been established for health systems agencies such that: