NY Pub Health L § 4010 (2021)
2021 New York Laws PBH - Public Health Article 40 - Hospice 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.