N.Y. Comp. Codes R. & Regs. tit. 10 § 708.1
The commissioner shall review, at least every five years, those hospital services and home care services with respect to which goals have been established in the State Health Plan, and, after consideration of the recommendations submitted by health systems agencies and the State Hospital Review and Planning Council, make public his findings as to the appropriateness of such services within one year after receipt of the health systems agency recommendations. The commissioner's reviews shall follow the procedures and utilize the criteria set forth in this Part. Such criteria shall relate to need, accessibility and availability, financial viability, cost effectiveness, and the quality of the service provided, except that criteria adopted for review may vary according to the type of service being reviewed and the purpose of the review.
N.Y. Comp. Codes R. & Regs. Tit. 10 § 708.1