N.Y. Comp. Codes R. & Regs. tit. 10, § 709.12 – Need methodology for acquisition of magnetic resonance imagers.

(a) This methodology will be utilized to evaluate certificate of need applications, submitted by facilities other than general hospitals, involving the acquisition of magnetic resonance imagers (MRI). It is the intent of the State Hospital Review and Planning Council that this methodology, when used in conjunction with the planning standards and criteria set forth in section 709.1 of this Part, become a statement of planning principles and decisionmaking tools for directing the distribution of magnetic resonance imagers. The goals and objectives of the methodology expressed herein are expected to ensure that an adequate number of MRI units available to provide access to care and avoid the unnecessary duplication of resources.
(b) The factors and methodology for determining the public need for MRI units shall include, but not be limited to the following:
1. (1) The need for MRI units will be planned for on a Health Systems Agency (HSA) region basis using a formula based on the number of CT scans performed in the region as follows:
  1. (i) The total CT scans performed in an HSA region is reduced by 15 percent to account for patients that are not suitable for MRI studies due to the presence of pacemakers and motion problems.
  2. (ii) Of the remaining number of CT scans, 60 percent will be deemed to be studies of the central nervous system (CNS).
  3. (iii) 55 percent of the patients that receive CT scans of the CNS will be deemed to be candidates for an MRI scan.
  4. (iv) The resulting number is increased by 30 percent to account for MRI studies of areas other than the CNS.
  5. (v) Each MRI has an annual capacity for 3,200 scans.
  6. (vi) The estimated number of MRI scans for the HSA region is divided by 3,200 to determine the number of MRI units which are needed.
2. (2) In addition, each applicant applying to acquire an MRI unit must meet the following standards:
  1. (i) Each applicant must demonstrate the availability of appropriate equipment in the areas of computed tomography, ultrasound, angiography, conventional radiography and nuclear medicine.
  2. (ii) Each applicant must demonstrate the availability of neurologists, neurosurgeons, orthopedists, oncologists and radiologists who meet the definition of qualified specialists.
  3. (iii) Each applicant must submit a plan to develop referral agreements with all facilities in the relevant service area.
3. (3) When public need is established, priority consideration will be given to applicants who agree to serve the medically indigent and patients regardless of source of payment.