§ 4010 — Powers and duties of the commissioner and the state hospital review and planning council

New York § 4010

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 40: Hospice

Text

§ 4010. Powers and duties of the commissioner and the state hospital\nreview and planning council. 1. The commissioner shall have the power to\nconduct periodic inspections of hospices 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 seek from the federal government any waivers\nnecessary to obtain medicare reimbursement for services provided by\nhospices which provide nursing services by arrangement with a certified\nhome health agency. Subject to the approval of the director of the\nbudget, the commissioner is authorized to seek any other federal waivers\nhe deems necessary to improve the provision of hospice services.\n 3. Each hospice shall submit annually to the commissioner a complete\ndescription of its operation, including name, address, principal place\nof business, ownership, identification of the administrative personnel\nand members of the interdisciplinary team, the nature and extent of\npalliative and supportive care, the functions and activities performed\nby volunteers, a copy of all contracts and agreements entered into for\nthe care and services it provides under arrangement, and such other\ninformation as the commissioner shall require. The commissioner shall\nset an annual date for submission of such information.\n 4. The state hospital review and 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 hospices including, but not\nlimited to, (a) the establishment of requirements for a uniform\nstatewide system of reports and audits relating to the quality of\nservices provided and their utilization and costs; (b) establishment by\nthe department of schedules of rates, payments, reimbursements, grants\nand other charges; (c) standards and procedures relating to certificates\nof approval for hospices; (d) uniform standards for quality of care\nservices to be provided by hospices; (e) requirements for minimum levels\nof staffing, taking into consideration the size of the hospice or the\ntype of care and service provided, and the special needs of the persons\nserved; (f) standards and procedures relating to contractual\narrangements between hospices and other providers of care including the\nprovision of nursing services by contract; (g) requirements for uniform\nreview of the appropriate utilization of services; (h) requirements for\nminimum qualifications and standards of training for personnel as\nappropriate; (i) requirements to assure that certified hospices assume\ntotal responsibility for hospice patients, including direction and\ncoordination of all care; and (j) requirements relating to fire safety\nin those portions of hospice residences in which hospice patients reside\nand receive care, which requirements shall establish standards identical\nto those set forth for small residential board and care facilities in\nchapter 21, section 21-2 of the 1985 National Fire Protection\nAssociation 101 Life Safety Code, as in effect on the effective date of\nthis paragraph. The commissioner may propose rules and regulations and\namendments thereto for consideration by the council.\n