§ 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.