(a) Health systems agencies shall conduct regional health planning for the purposes of:

1. (1) improving the health of residents of a health service area;
2. (2) improving the availability, accessibility, continuity, quality, effectiveness and efficiency of the health services provided;
3. (3) controlling unnecessary increases in the cost of providing health services;
4. (4) preventing unnecessary duplication of health resources; and
5. (5) promoting of the development of health services, manpower, and facilities which meet identified needs, reduce inefficiencies, respond to local health planning priorities and implement the health plans of the agency.

(b) A health systems agency shall perform the following functions on behalf of the State based upon available resources:

1. (1) assess the health status and health service needs of the population in the health service area, with attention to variations by location, socio-economic category, ethnicity, environment, age and disability and prepare and submit to the commissioner a comprehensive regional health plan which identifies priorities, goals, and implementation strategies for the health care system of the health service area;
2. (2) convene multiprovider and consumer planning groups for the purpose of identifying unmet needs affecting health status and to examine, at the community level, and report to the appropriate state agency, ways to develop primary and preventive services to meet those needs;
3. (3) assess health facility construction needs and submit to the commissioner, in a mutually agreed upon format and time frame, priority rankings of the capital expenditure and health service needs identified in its health service area;
4. (4) convene multifacility planning groups for the purpose of health facilities planning pursuant to Part 710 of Subchapter C of Chapter V of this Title in order to assist the commissioner to identify excess capacity, duplications, and unmet needs for health facilities, equipment, and services;
5. (5) convene providers of health care for the purpose of developing and implementing plans subject to approval by the appropriate state agency which respond to unmet needs and/or improve the allocation and distribution of health care services;
6. (6) assist appropriate state agencies, the Public Health Council, the State Hospital Review and Planning Council and appropriate councils under the Mental Hygiene Law in the development of standards and guidelines to determine public need for hospital and other health, including mental health services;
7. (7) coordinate its activities with other appropriate general or special purpose regional health and human services planning or administrative agencies including area agencies on aging, local and regional alcohol abuse, drug abuse, and mental health planning agencies, social services agencies, county public health departments, and local health officers. The health systems agency shall, as appropriate, obtain data from such other agencies for use in the health systems agency's planning and development activities, enter into agreements with such other agencies, and to the extent practicable, provide technical assistance to such other agencies;
8. (8) review and comment on the standards, criteria, findings, and recommendations proposed by the Department of Health concerning the appropriateness of selected health services in the health service area; and
9. (9) conduct public hearings related to applications for the establishment or construction of a hospital as defined in article 28 of the Public Health Law, the certification of home health agencies and the authorization to provide a long term home health care program as defined in article 36 of the Public Health Law, the establishment or construction of a hospice as defined in article 40 of the Public Health Law, and the establishment or construction of mental hygiene services and facilities other than community residences as defined in section 1.03(6) and pursuant to article 31 of the Mental Hygiene Law;
10. (10) recommend to the commissioner and to the Public Health Council as appropriate approval or disapproval of applications for the establishment or construction of a hospital as defined in article 28 of the Public Health Law, the certification of home health agencies and the authorization to provide a long term home health care program as defined in article 36 of the Public Health Law, the establishment or construction of a hospice as defined in article 40 of the Public Health Law;
11. (11) recommend to the appropriate state agency approval or disapproval of applications for the establishment or construction of mental hygiene services and facilities other than community residences as defined in section 1.03(6) and pursuant to article 31 of the Mental Hygiene Law;

12. (12) perform and issue special reports and engage in other planning and implementation activities at the request of the commissioner (or other appropriate state agency), such reports may be related to:

    1. (i) the health status (and its determinants) of the residents of the health service area;
    2. (ii) the status of the health care delivery system in the area and the use of that system by the residents of the area;
    3. (iii) the effect the area's health care delivery system has on the health of the residents of the area;
    4. (iv) the number, type, and location of the area's health resources including health services, manpower, and facilities; and
    5. (v) the patterns of utilization of the area's health resources.

(d) In addition to the functions described in section 82-1.6(b) of this Subpart, a health systems agency, to carry out its purposes, functions, and activities as described in section 82-1.6(a) of this Subpart, may enter into agreements or contracts with and receive grant funds, contributions or donations from various entities interested in fostering the health planning goals and objectives of this subsection. A health systems agency may enter into agreements and contracts with and receive grant funds, contributions or donations from such entities as:

1. (1) local, county, and state government;
2. (2) not-for-profit organizations exempt from taxation pursuant to section 501(c)(3) of title 26 of the United States Code, private industry, insurers of health services, and other organizations, excluding, however, any such entities that are providers of health care operating facilities licensed or certified pursuant to the Public Health Law or Mental Hygiene Law except as may be authorized in accordance with paragraph (e)(1) of this section; and

3. (3) associations of health facilities or associations of providers of health care.

   (e)

4. (1) A health systems agency shall not engage in any fee for service activity with a provider or potential provider of health care services except local government without prior approval of the State Hospital Review and Planning Council. Approval shall be issued or denied in a timely manner.
5. (2) The governing body of a health systems agency shall be responsible for developing and periodically revising policies and procedures, governing the agency's ability to sell resources and engage in fee for service activities or other contractual arrangements. Such policies and procedures shall be submitted to the State Hospital Review and Planning Council for review.