§ 2802-b. Health equity impact assessments. 1. Definitions. As used in\nthis section:\n (a) "Application" means an application under this article for the\nconstruction, establishment, change in the establishment, merger,\nacquisition, elimination or substantial reduction, expansion, or\naddition of a hospital service or health-related service of a hospital\nthat requires review or approval by the council or the commissioner,\nwhere the application is filed or submitted to the council, the\ncommissioner or the department after this section takes effect.\nProvided, however, that an application for the change in the\nestablishment, merger or acquisition of a hospital shall not be included\nin this definition if the application would not result in the\nelimination, or substantial reduction, expansion, addition or change in\nlocation of a hospital service or health related service of the\nhospital.\n (b) "Project" means the construction, establishment, change in the\nestablishment, merger, acquisition, elimination, or substantial\nreduction, expansion, or addition of a hospital service or\nhealth-related service of a hospital that is the subject of an\napplication.\n (c) "Health equity impact assessment" or "impact assessment" means an\nassessment of whether, and if so how, a project will improve access to\nhospital services and health care, health equity and reduction of health\ndisparities, with particular reference to members of medically\nunderserved groups, in the applicant's service area.\n (d) "Medically underserved group" means: low-income people; racial and\nethnic minorities; immigrants; women; lesbian, gay, bisexual,\ntransgender, or other-than-cisgender people; people with disabilities;\nolder adults; persons living with a prevalent infectious disease or\ncondition; persons living in rural areas; people who are eligible for or\nreceive public health benefits; people who do not have third-party\nhealth coverage or have inadequate third-party health coverage; and\nother people who are unable to obtain health care.\n 2. (a) (i) Every application shall include a health equity impact\nassessment of the project. The health equity impact assessment shall be\nfiled together with the application, and the application shall not be\ncomplete without the impact statement. The applicant shall promptly\namend or modify the impact statement as necessary.\n (ii) However, in the case of a diagnostic and treatment center whose\npatient population is over fifty percent combined patients enrolled in\nMedicaid or uninsured, a health equity impact assessment is not required\nunless the application includes a change in controlling person,\nprincipal stockholder, or principal member (as defined in section\ntwenty-eight hundred one-a of this article) of the applicant.\n (b) In considering whether and on what terms to approve an\napplication, the commissioner and the council, as the case may be, shall\nconsider the health equity impact statement.\n 3. Scope and contents of a health equity impact assessment. A health\nequity impact assessment shall include:\n (a) A demonstration of whether, and if so how, the proposed project\nwill improve access to hospital services and health care, health equity\nand reduction of health disparities, with particular reference to\nmembers of medically underserved groups, in the applicant's service\narea.\n (b) The extent to which medically underserved groups in the\napplicant's service area use the applicant's hospital or health-related\nservices or similar services at the time of the application and the\nextent to which they are expected to if the project is implemented.\n (c) The performance of the applicant in meeting its obligations, if\nany, under section twenty-eight hundred seven-k of this article and\nfederal regulations requiring providing uncompensated care, community\nservices, and access by minorities and people with disabilities to\nprograms receiving federal financial assistance, including
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