N.Y. Pub. Health Law § 4013

§ 4013. Hospice worker recruitment and retention program. 1. The\ncommissioner shall, subject to the provisions of subdivision two of this\nsection, increase medical assistance rates of payment by up to three\npercent for hospice services provided on and after December first, two\nthousand two, for purposes of improving recruitment and retention of\nnon-supervisory workers or workers with direct patient care\nresponsibility.\n 2. Hospice services providers which have their rates adjusted pursuant\nto this section shall use such funds for the purposes of recruitment and\nretention of non-supervisory workers or workers with direct patient care\nresponsibility only and are prohibited from using such funds for any\nother purposes. Funds provided pursuant to this section are not intended\nto supplant support provided by a local government. Each such provider\nshall submit, at a time and in a manner to be determined by the\ncommissioner, a written certification attesting that such funds will be\nused solely for the purpose of recruitment and retention of\nnon-supervisory workers or workers with direct patient care\nresponsibility. The commissioner is authorized to audit each such\nprovider to ensure compliance with the written certification required by\nthis subdivision and shall recoup all funds determined to have been used\nfor purposes other than recruitment and retention of non-supervisory\nworkers or workers with direct patient care responsibility. Such\nrecoupment shall be in addition to any other penalties provided by law.\n