N.Y. Comp. Codes R. & Regs. tit. 10, § 705.3 – Selection of innovations for evaluation.

(a) The commissioner shall determine those innovations in medical technology which shall require evaluation through a demonstration project before they may be considered for review and approval pursuant to section 2802 of the Public Health Law and Part 710 of this Subchapter without limitation as to time or scope, after affording the health systems agencies and the State Hospital Review and Planning Council an opportunity to submit their recommendations, based on pertinent factors including, but not limited to, the following:
1. (1) the relative costs associated with acquiring, operating or providing the innovation when compared to the costs associated with other methods of providing comparable services;
2. (2) the potential for patient or personnel harm or injury associated with the use and operation of the innovation;
3. (3) the need to demonstrate the medical usefulness of efficacy of the innovation; and
4. (4) the need to identify and collect data in order to develop appropriate need and utilization standards for the innovation.
(b) After the commissioner has determined that an innovation in medical technology will be eligible for evaluation through a demonstration project pursuant to this Part, he will so notify all medical facilities that provide a level and type of care and service for which the innovation in medical technology would be appropriate, as determined by the commissioner, based upon generally accepted standards of medical practice.