NY Pub Health L § 3612 (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 3612 - Powers and Duties of Commissioner and State Hospital Review and Planning Council.

§  3612.  Powers  and duties of commissioner and state hospital review and planning council. 1.  The  commissioner  shall  have  the  power  to conduct  periodic  inspections  of  facilities  of certified home health agencies, providers of long  term  home  health  care  programs  and  of providers  of  AIDS  home  care programs 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  have  the  power  to  conduct  periodic inspections of licensed home care services agencies with respect to  the standards  of  service  and  care,  qualifications  of personnel and the clinical records maintained by such agency.   3. Any organization which provides or makes available  any  home  care services to the public in this state, in any organized program developed or  rendered under its auspices or provided under contract with any such organization, shall submit  annually  to  the  commissioner  a  complete description  of  its  operation,  including  name,  address, location or principal place of business, ownership, identification of administrative personnel responsible for home care services programs,  the  nature  and extent  of such programs, and such other information as the commissioner shall require. For certified home health agencies and licensed home care services agencies such annual report shall include reports on the  type, frequency   and   reimbursement   for   services   provided,   including reimbursement  from  federal  and  state  governmental   agencies.   The commissioner  shall  determine  the  form and content of the information compiled and the annual date for submission  of  such  information.  The commissioner shall require certified home health agencies to provide all information   necessary   to   a  licensed  home  care  services  agency sub-contracting with such certified home health agency,  to  allow  such licensed  home  care  services  agency  to  file  its annual report. The commissioner shall make such information available  to  the  appropriate governmental  agencies  of  the  state, the counties and the city of New York so as to make known the  availability  of  home  care  services  to provide  data  for planning for health needs of the people of the state. This information shall be available to the  public  and  to  the  health systems agencies.   4.  The  commissioner shall establish within the department a unit for home care services to assist him in carrying out the provisions of  this article.   5.  The  public health and health 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 certified home health agencies, providers of long term home health care programs and providers  of  AIDS home care programs, 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 and authorization to provide long term home health care programs and AIDS home care programs; (d) uniform standards for quality of care and services to be provided by certified home health agencies, providers of long term home health  care programs  and providers of AIDS home care programs; (e) requirements for minimum levels of staffing, taking into consideration the  size  of  the agency,  provider of a long term home health care program or provider of an AIDS home care program, the type of care and  service  provided,  and the  special  needs  of the persons served; (f) standards and procedures  relating  to  contractual  arrangements  between  home   care   services agencies;  (g)  requirements  for  the  establishment  of  plans for the coordination of home care services and  discharge  planning  for  former patients or residents of facilities under the regulatory jurisdiction of the  department,  the  departments of social services or mental hygiene, the  board  of  social  welfare,  or  the  office  for  the  aging;  (h) requirements  for  uniform  review  of  the  appropriate  utilization of services; and (i) requirements for minimum qualifications and  standards of  training  for personnel as appropriate. The commissioner may propose rules and regulations and amendments thereto for  consideration  by  the council.   6.  The  commissioner  shall  adopt rules and regulations for licensed home care services agencies which establishes a  cap  on  administrative and  general  costs for such agencies equal to the cap on administrative and  general  costs  applied  to  certified  home  health  agencies   in accordance with subdivision seven of section thirty-six hundred fourteen of this article.   7. The commissioner shall adopt and may amend rules and regulations to effectuate  the  provisions  and purposes of this article as to licensed home care services agencies with regard to  (a)  uniform  standards  for quality of care and services to be provided and (b) the establishment of a  uniform  statewide  system  of  reports  relating  to  the quality of services offered.   8. (a) The commissioner may require a health  home  or  licensed  home care  services agency to report on the costs incurred by the health home or licensed home care services agency in rendering health care  services to  Medicaid  beneficiaries.  The  department  of health may specify the frequency and format of such reports, determine the type and  amount  of information  to  be  submitted, and require the submission of supporting documentation, provided, however, that the department shall  provide  no less than ninety calendar days' notice before such reports are due.  (b)  If  the department determines that the cost report submitted by a provider is inaccurate or incomplete, the department  shall  notify  the provider  in  writing  and  advise  the  provider  of  the correction or additional information that the provider must submit. The provider  must submit  the  corrected  or additional information within thirty calendar days from the date the provider receives the notice.  (c) The  department  shall  grant  a  provider  an  additional  thirty calendar  days  to  submit  the  original,  corrected or additional cost report when the provider, prior to the date the report is due, submits a written request to the department for an extension  and  establishes  to the department's satisfaction that the provider cannot submit the report by the date due for reasons beyond the provider's control.  (d)  All reports shall be certified by the owner, administrator, chief executive officer, or public official responsible for the  operation  of the  provider.  The cost report form shall include a certification form, which shall specify who must certify the report.