Health Equity Impact Assessment

New York State legislation S1451A/A191 requires a Health Equity Impact Assessment (HEIA) to be filed with a Certificate of Need (CON) application for the establishment, ownership, construction, renovation, and change in service of health care facilities across New York State, which will provide information on whether a proposed project impacts the delivery of or access to services for the service area, particularly medically underserved groups. The Health Equity Impact Assessment requirement ensures that community voices are considered as well as an objective, independent assessment of the anticipated impact of the project on the public health of, service delivery of, or access to hospital and health-related services for medically underserved groups. The legislation was signed into law on December 22, 2021.

The Health Equity Impact Assessment requirement is effective June 22, 2023.

The purpose of the Health Equity Impact Assessment is to demonstrate how a facility’s proposed project affects the accessibility and delivery of services, and whether the project will enhance health equity and contribute to mitigating health disparities in the project's service area, specifically for medically underserved groups.

Certificate of Need applications for projects that meet the criteria for the type of transaction (i.e. construction, establishment, addition/reduction/expansion of service) at the following types of Article 28 facilities are subject to the Health Equity Impact Assessment requirement:

  • General Hospitals
  • Nursing Homes
  • Diagnostic and Treatment Centers that are not subject to the legislative carveout (requirement does not apply to D&TCs whose patient population is more than 50% combined patients enrolled in Medicaid or uninsured, unless the application includes a change in controlling person, principal stockholder, or principal member of the applicant)
  • Midwifery Birth Centers
  • Ambulatory Surgery Centers

Read more about the Department's Certificate of Need process.

NYSDOH Resources

Additional Resources