§ 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.