Section 364. Responsibility for standards

To assure that the medical care
  and services rendered pursuant to this title are of the highest  quality
  and  are  available  to  all  who  are  in  need, the responsibility for
  establishing and maintaining standards for medical care and  eligibility
  shall be as follows:
    1. The department of social services shall be responsible for
    (a)  determining  eligibility  for  care and services pursuant to this
  title and consistent with standards established by the  commissioner  of
  the  department  of  health and, as authorized by such commissioner, for
  hearing  appeals  and  making  findings  and  recommendations   relating
  thereto;
    (b)  auditing  payments  to  providers  of care, services and supplies
  under the medical assistance program; and
    (c) publishing and distributing to the public, from time to  time  and
  in  consultation  with the department of health, information relating to
  the medical assistance program, to promote maximum public  awareness  of
  the availability of, and the procedure for obtaining, such assistance.
    2. The department of health shall be responsible for
    (a)  establishing  and  maintaining  standards  for  all  hospital and
  related services pursuant to article twenty-eight of the  public  health
  law,  and  for all medical care and services furnished in an institution
  operated by the department of health pursuant to other provisions of the
  public health law;
    (b) establishing and maintaining standards for  all  non-institutional
  health  care and services rendered pursuant to this title, including but
  not  limited  to  procedural  standards  relating  to  the   revocation,
  suspension,  limitation  or annulment of qualification for participation
  as a provider of care and services, on a determination that the provider
  is an incompetent provider of  specific  services  or  has  exhibited  a
  course  of  conduct  which is either inconsistent with program standards
  and  regulations  or  which  exhibits  an  unwillingness  to  meet  such
  standards and regulations, or is a potential threat to the public health
  or safety pursuant to section two hundred six of the public health law;
    (c) reviewing and approving local social services medical plans;
    (d)  establishing  by  regulation requirements for a uniform system of
  reports relating to the quality of medical care and  services  furnished
  pursuant to this title;
    (e)  reviewing  the  quality  and  availability  of  medical  care and
  services furnished under local social services medical plans, to  assure
  that the quality of medical care and services is in the best interest of
  the recipients;
    (f)  providing consultative services to hospitals, nursing homes, home
  health agencies, clinics, laboratories, and such other  institutions  as
  the secretary of the federal department of health and human services may
  specify  in  order  to  assist  them:  to qualify for payments under the
  provisions of this title and title XIX of the  federal  social  security
  act;  in  providing  information  needed  to determine such payments; in
  establishing and maintaining such fiscal records as may be necessary for
  the proper and efficient administration of medical assistance;
    (g) establishing standards  of  eligibility  for  medical  assistance,
  consistent with the provisions of this title; and
    (h)  making  policy, rules and regulations for maintaining a system of
  hearings for applicants and recipients of medical  assistance  adversely
  affected  by  the  actions of the department or social service districts
  and for making final administrative  determinations  and  issuing  final
  decisions concerning such matters.
    3.  Each  office  within  the  department  of  mental hygiene shall be
  responsible for establishing and maintaining standards for medical  care

  and  services  received in institutions operated by it or subject to its
  supervision pursuant to the mental hygiene law.
    4. The public health council shall be responsible for establishing and
  maintaining  qualifications  for  persons  employed  by  social services
  districts as professional directors.