N.Y. Public Health Law § 4010: Powers and duties of the commissioner and the state hospital review and planning council

§ 4010. Powers and duties of the commissioner and the state hospital

review and planning council. 1. The commissioner shall have the power to

conduct periodic inspections of hospices with respect to the fitness and

adequacy of equipment, personnel, rules and bylaws, standards of service

and medical care, system of accounts, records, and the adequacy of

financial resources and sources of future revenues.

2. The commissioner shall seek from the federal government any waivers

necessary to obtain medicare reimbursement for services provided by

hospices which provide nursing services by arrangement with a certified

home health agency. Subject to the approval of the director of the

budget, the commissioner is authorized to seek any other federal waivers

he deems necessary to improve the provision of hospice services.

3. Each hospice shall submit annually to the commissioner a complete

description of its operation, including name, address, principal place

of business, ownership, identification of the administrative personnel

and members of the interdisciplinary team, the nature and extent of

palliative and supportive care, the functions and activities performed

by volunteers, a copy of all contracts and agreements entered into for

the care and services it provides under arrangement, and such other

information as the commissioner shall require. The commissioner shall

set an annual date for submission of such information.

4. The state hospital review and planning council, by a majority vote

of its members, shall adopt and amend rules and regulations, subject to

the approval of the commissioner, to effectuate the provisions and

purposes of this article with respect to hospices including, but not

limited to, (a) the establishment of requirements for a uniform

statewide system of reports and audits relating to the quality of

services provided and their utilization and costs; (b) establishment by

the department of schedules of rates, payments, reimbursements, grants

and other charges; (c) standards and procedures relating to certificates

of approval for hospices; (d) uniform standards for quality of care

services to be provided by hospices; (e) requirements for minimum levels

of staffing, taking into consideration the size of the hospice or the

type of care and service provided, and the special needs of the persons

served; (f) standards and procedures relating to contractual

arrangements between hospices and other providers of care including the

provision of nursing services by contract; (g) requirements for uniform

review of the appropriate utilization of services; (h) requirements for

minimum qualifications and standards of training for personnel as

appropriate; (i) requirements to assure that certified hospices assume

total responsibility for hospice patients, including direction and

coordination of all care; and (j) requirements relating to fire safety

in those portions of hospice residences in which hospice patients reside

and receive care, which requirements shall establish standards identical

to those set forth for small residential board and care facilities in

chapter 21, section 21-2 of the 1985 National Fire Protection

Association 101 Life Safety Code, as in effect on the effective date of

this paragraph. The commissioner may propose rules and regulations and

amendments thereto for consideration by the council.