Lexology July 25, 2025
Sheppard Mullin Richter & Hampton LLP

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Following Sheppard Mullin’s recent webinar on Health Equity Impact Assessments (HEIAs), one thing is clear: providers and investors cannot afford to treat equity requirements as an afterthought in the Certificate of Need (CON) process.

In New York, Public Health Law § 2802-b now requires an HEIA for any CON application that involves a significant change in ownership, services, or location. This includes a formal review of how the project may impact access to care in underserved communities, and requires clear strategies to address any identified equity gaps. The New York State Department of Health (DOH) expects applicants to identify specific equity barriers: transportation, language access, mitigation plans, and a service area that makes sense...

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