N.Y. Public Health Law § 4013: Hospice worker recruitment and retention program

§ 4013. Hospice worker recruitment and retention program. 1. The

commissioner shall, subject to the provisions of subdivision two of this

section, increase medical assistance rates of payment by up to three

percent for hospice services provided on and after December first, two

thousand two, for purposes of improving recruitment and retention of

non-supervisory workers or workers with direct patient care

responsibility.

2. Hospice services providers which have their rates adjusted pursuant

to this section shall use such funds for the purposes of recruitment and

retention of non-supervisory workers or workers with direct patient care

responsibility only and are prohibited from using such funds for any

other purposes. Funds provided pursuant to this section are not intended

to supplant support provided by a local government. Each such provider

shall submit, at a time and in a manner to be determined by the

commissioner, a written certification attesting that such funds will be

used solely for the purpose of recruitment and retention of

non-supervisory workers or workers with direct patient care

responsibility. The commissioner is authorized to audit each such

provider to ensure compliance with the written certification required by

this subdivision and shall recoup all funds determined to have been used

for purposes other than recruitment and retention of non-supervisory

workers or workers with direct patient care responsibility. Such

recoupment shall be in addition to any other penalties provided by law.