2012 New York Consolidated Laws
PBH - Public Health
Article 40 - (4000 - 4015) 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.