2013 New York Consolidated Laws
PBH - Public Health
Article 36 - (3600 - 3622) 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.