2022 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.