§ 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\n
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