N.Y. Comp. Codes R. & Regs. tit. 10, § 709.16 – Therapeutic radiology or radiation oncology.

(a) This methodology will be utilized to evaluate certificate of need applications involving the acquisition of megavoltage (MEV) devices used in therapeutic radiology. 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 decision making tools for directing the distribution of MEV devices. The goals and objectives of the methodology expressed herein are expected to ensure that an adequate number of therapeutic radiology units are available to provide access to care and avoid the unnecessary duplication of resources.
(b) The factors for determining the public need for MEV devices used in therapeutic radiology shall include, but not be limited to, the following:
1. (1) No equipment other than four or more MEV or cobalt teletherapy units with a source axis distance of 80 or more centimeters and rotational capabilities will be considered appropriate as the primary unit in a multi-unit radiotherapy service or as the sole unit in a smaller radiotherapeutic unit.
2. (2) Ninety-five percent of the total population of each health region is within a one-hour mean travel time, adjusted for weather conditions, of a facility providing therapeutic radiology services.
3. (3) The expected volume of utilization sufficient to support the need for an MEV machine shall be calculated as follows:
  1. (i) Each applicant and MEV machine shall provide a minimum of 5,000 treatments per year and have the capacity to provide 6,500 treatments per year. These volumes may be adjusted for the expected case-mix of a specific facility.
  2. (ii) Sixty percent of the annual incidence of cancer cases in a service area will be candidates for radiation therapy.
  3. (iii) Fifty percent of radiation therapy patients will be treated for cure with an average course of treatment of 35 treatments and 50 percent of patients will be treated for palliation with an average course of treatment of 15 treatments. These estimates may be adjusted based on the case-mix of a specific facility.