§ 4013. Hospice worker recruitment and retention program. 1. The
commissioner shall, subject to the provisions of subdivision two of this
section, increase medical assistance rates of payment by up to three
percent for hospice services provided on and after December first, two
thousand two, for purposes of improving recruitment and retention of
non-supervisory workers or workers with direct patient care
responsibility.

2. Hospice services providers which have their rates adjusted pursuant
to this section shall use such funds for the purposes of recruitment and
retention of non-supervisory workers or workers with direct patient care
responsibility only and are prohibited from using such funds for any
other purposes. Funds provided pursuant to this section are not intended
to supplant support provided by a local government. Each such provider
shall submit, at a time and in a manner to be determined by the
commissioner, a written certification attesting that such funds will be
used solely for the purpose of recruitment and retention of
non-supervisory workers or workers with direct patient care
responsibility. The commissioner is authorized to audit each such
provider to ensure compliance with the written certification required by
this subdivision and shall recoup all funds determined to have been used
for purposes other than recruitment and retention of non-supervisory
workers or workers with direct patient care responsibility. Such
recoupment shall be in addition to any other penalties provided by law.