§ 3612 — Powers and duties of commissioner and state hospital review and planning council

New York § 3612

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 36: Home Care Services

Text

§ 3612. Powers and duties of commissioner and state hospital review\nand planning council. 1. The commissioner shall have the power to\nconduct periodic inspections of facilities of certified home health\nagencies, providers of long term home health care programs and of\nproviders of AIDS home care programs with respect to the fitness and\nadequacy of equipment, personnel, rules and bylaws, standards of service\nand medical care, system of accounts, records, and the adequacy of\nfinancial resources and sources of future revenues.\n 2. The commissioner shall have the power to conduct periodic\ninspections of licensed home care services agencies with respect to the\nstandards of service and care, qualifications of personnel and the\nclinical records maintained by such agency.\n 3. Any organization which provides or makes available any home care\nservices to the public in this state, in any organized program developed\nor rendered under its auspices or provided under contract with any such\norganization, shall submit annually to the commissioner a complete\ndescription of its operation, including name, address, location or\nprincipal place of business, ownership, identification of administrative\npersonnel responsible for home care services programs, the nature and\nextent of such programs, and such other information as the commissioner\nshall require. For certified home health agencies and licensed home care\nservices agencies such annual report shall include reports on the type,\nfrequency and reimbursement for services provided, including\nreimbursement from federal and state governmental agencies. The\ncommissioner shall determine the form and content of the information\ncompiled and the annual date for submission of such information. The\ncommissioner shall require certified home health agencies to provide all\ninformation necessary to a licensed home care services agency\nsub-contracting with such certified home health agency, to allow such\nlicensed home care services agency to file its annual report. The\ncommissioner shall make such information available to the appropriate\ngovernmental agencies of the state, the counties and the city of New\nYork so as to make known the availability of home care services to\nprovide data for planning for health needs of the people of the state.\nThis information shall be available to the public and to the health\nsystems agencies.\n 4. The commissioner shall establish within the department a unit for\nhome care services to assist him in carrying out the provisions of this\narticle.\n 5. The public health and health planning council, by a majority vote\nof its members, shall adopt and amend rules and regulations, subject to\nthe approval of the commissioner, to effectuate the provisions and\npurposes of this article with respect to certified home health agencies,\nproviders of long term home health care programs and providers of AIDS\nhome care programs, including, but not limited to, (a) the establishment\nof requirements for a uniform statewide system of reports and audits\nrelating to the quality of services provided and their utilization and\ncosts; (b) establishment by the department of schedules of rates,\npayments, reimbursements, grants and other charges; (c) standards and\nprocedures relating to certificates of approval and authorization to\nprovide long term home health care programs and AIDS home care programs;\n(d) uniform standards for quality of care and services to be provided by\ncertified home health agencies, providers of long term home health care\nprograms and providers of AIDS home care programs; (e) requirements for\nminimum levels of staffing, taking into consideration the size of the\nagency, provider of a long term home health care program or provider of\nan AIDS home care program, the type of care and service provided, and\nthe special needs of the persons served; (f) standards and procedures\nrelating to contractual arrangements between home care services\nagencies; (g) requirements for the establishment of plans for the\ncoordination of home care services and discharge planning for former\npatients or residents of facilities under the regulatory jurisdiction of\nthe department, the departments of social services or mental hygiene,\nthe board of social welfare, or the office for the aging; (h)\nrequirements for uniform review of the appropriate utilization of\nservices; and (i) requirements for minimum qualifications and standards\nof training for personnel as appropriate. The commissioner may propose\nrules and regulations and amendments thereto for consideration by the\ncouncil.\n 6. The commissioner shall adopt rules and regulations for licensed\nhome care services agencies which establishes a cap on administrative\nand general costs for such agencies equal to the cap on administrative\nand general costs applied to certified home health agencies in\naccordance with subdivision seven of section thirty-six hundred fourteen\nof this article.\n 7. The commissioner shall adopt and may amend rules and regulations to\neffectuate the provisions and purposes of this article as to licensed\nhome care services agencies with regard to (a) uniform standards for\nquality of care and services to be provided and (b) the establishment of\na uniform statewide system of reports relating to the quality of\nservices offered.\n 8. (a) The commissioner may require a health home or licensed home\ncare services agency to report on the costs incurred by the health home\nor licensed home care services agency in rendering health care services\nto Medicaid beneficiaries. The department of health may specify the\nfrequency and format of such reports, determine the type and amount of\ninformation to be submitted, and require the submission of supporting\ndocumentation, provided, however, that the department shall provide no\nless than ninety calendar days' notice before such reports are due.\n (b) If the department determines that the cost report submitted by a\nprovider is inaccurate or incomplete, the department shall notify the\nprovider in writing and advise the provider of the correction or\nadditional information that the provider must submit. The provider must\nsubmit the corrected or additional information within thirty calendar\ndays from the date the provider receives the notice.\n (c) The department shall grant a provider an additional thirty\ncalendar days to submit the original, corrected or additional cost\nreport when the provider, prior to the date the report is due, submits a\nwritten request to the department for an extension and establishes to\nthe department's satisfaction that the provider cannot submit the report\nby the date due for reasons beyond the provider's control.\n (d) All reports shall be certified by the owner, administrator, chief\nexecutive officer, or public official responsible for the operation of\nthe provider. The cost report form shall include a certification form,\nwhich shall specify who must certify the report.\n