NY State Senate Bill 2009-S8192

Senate Bill S8192

2009-2010 Legislative Session

Provides that the commissioner may accept accreditation by The Joint Commission as evidence of compliance of operational standards for psychiatric hospitals

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	referred to rules

2009-S8192 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §31.08, Ment Hyg L

2009-S8192 (ACTIVE) - Summary

Provides that the commissioner may accept compliance with standards of The Joint Commission as evidence that dually licensed psychiatric hospitals are in compliance with minimal operational standards.

2009-S8192 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8192

TITLE OF BILL:

An act to amend the mental hygiene law, in relation to compliance with
operational standards of the commissioner of mental health by psychiat-
ric hospitals dually licensed under article 31 of the mental hygiene law
and article 28 of the public health law

PURPOSE OF THE BILL:

This bill would authorize the Office of Mental Health (OMH) to accept
accreditation by the Joint Commission (TJC) as evidence of compliance
with operational standards for OMH-licensed psychiatric units of general
hospitals.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new Mental Hygiene Law (MHL) § 31.08
to: (1) authorize the Commissioner of OMH to accept as fulfillment of
the annual inspection requirement established in MHL § 31.07 for OMH-li-
censed psychiatric units of general hospitals, accreditation by TJC or
any other accrediting organization approved by the Centers for Medicare
and Medicaid Services (CMS), in certain instances and that the Commis-
sioner has determined has accrediting standards sufficient to assure the
commissioner that hospitals are in compliance with applicable statutory

provisions, rules and regulations; (2) require that, prior to exempting
any hospital from inspection requirements, the hospital has or shall
have a demonstrated history of compliance and record of providing quali-
ty of care; (3) require that, prior to accepting evidence of such
accreditation, the hospital must provide a copy of the TJC or other
accrediting agency's survey report to OMH within seven days of receipt
by the hospital; (4) require that, prior to accepting evidence of such
accreditation as fulfillment of minimum operational standards, the
accrediting agency must agree to evaluate and does evaluate minimum
operational standards established by the Commissioner of OMH and that no
constraints are placed upon access of any of the accreditation agency's
documents related to such hospital; (5) provide that any hospital
subject to this section may be subject to inspection at any time by the
Commissioner of OMH; (6) require any such hospital to notify the Commis-
sioner immediately upon notification by the accrediting agency that the
hospital will not be recommended to receive accreditation, loss of
accreditation, or failure to achieve re-accreditation; and (7) provide
that any hospital which fails to be accredited or re-accredited shall be
subject to the full range of licensing enforcement authority and actions
of OMH.

Section 2 of the bill would make it effective immediately.

EXISTING LAW:

MHL § 31.07 requires that OMH at least annually conduct one unannounced
inspection for providers of services, including psychiatric inpatient
units. New programs and programs that have a history of compliance prob-
lems must be inspected without prior notice by OMH at least twice per
year.

MHL § 31.09 empowers the Commissioner or his or her authorized represen-
tative to inspect facilities for purposes of quality control.

MHL § 31.11 requires facilities to assist and cooperate with those
inspections.

MHL § 1.03 (10) defines "hospital" to include a ward, wing, unit or
other part of a general hospital, operated as part of such hospital for
the purpose of providing inpatient care and treatment to mentally ill
persons, which also receives an operating certificate from OMH.

LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

This bill would grant "deemed status" to behavioral health inpatient
units that have been accredited by national accrediting organizations,
including TJC and any other accrediting organization approved by CMS.
Achieving deemed status will reduce duplicative and burdensome oversight
activities for hospitals while focusing OMH oversight activities on what
is clinically meaningful and permitting OMH licensing staff to better
use their time and resources.

In this regard, for the last decade, the New York State Department of
Health (DOH) and TJC have collaborated for general hospital certif-
ication and licensure purposes. This approach has worked well for all
parties involved - the hospital, TJC and DOH. TJC accreditation is a
recognizable "gold seal of approval" for hospitals in the United States.
The provisions of this legislation are modeled after 10 NYCRR Part
720.1, which provides a similar process for general hospitals.

TJC has accredited hospitals for more than 50 years and today it accred-
its approximately 4,250 general, children's, long term acute, psychiat-
ric, rehabilitation and surgical specialty hospitals.  Approximately 88
percent of the nation's hospitals are currently accredited by TJC. In
addition, other accrediting organizations approved by CMS should be
authorized to be used to receive such deemed status.

BUDGET IMPLICATIONS:

This bill has no fiscal impact.

EFFECTIVE DATE:

This bill would take effect immediately.

2009-S8192 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8192

                            I N  S E N A T E

                              June 15, 2010
                               ___________

Introduced  by  Sen.  MORAHAN  --  (at  request  of the Office of Mental
  Health) -- read twice and ordered printed,  and  when  printed  to  be
  committed to the Committee on Rules

AN  ACT  to amend the mental hygiene law, in relation to compliance with
  operational standards of the commissioner of mental health by  psychi-
  atric hospitals dually licensed under article 31 of the mental hygiene
  law and article 28 of the public health law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
31.08 to read as follows:
S 31.08 COMPLIANCE WITH OPERATIONAL STANDARDS BY HOSPITALS.
  (A) NOTWITHSTANDING THE PROVISIONS OF SECTION 31.07 OF THIS ARTICLE, A
HOSPITAL  AS  DEFINED  IN SECTION 1.03 OF THIS CHAPTER, WHICH IS A WARD,
WING, UNIT,  OR  OTHER  PART  OF  A  HOSPITAL,  AS  DEFINED  IN  ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH  LAW,  WHICH PROVIDES SERVICES FOR
PERSONS WITH MENTAL ILLNESS PURSUANT TO AN OPERATING CERTIFICATE  ISSUED
BY  THE COMMISSIONER OF MENTAL HEALTH, MAY BE DEEMED TO BE IN COMPLIANCE
WITH APPLICABLE PROVISIONS OF THIS CHAPTER AND  OTHER  APPLICABLE  LAWS,
RULES  AND  REGULATIONS, PROVIDED THAT SUCH HOSPITAL HAS BEEN ACCREDITED
BY THE JOINT COMMISSION, OR ANY OTHER HOSPITAL ACCREDITING  ORGANIZATION
TO  WHICH  THE  CENTERS  FOR  MEDICARE AND MEDICAID SERVICES HAS GRANTED
DEEMING STATUS, AND WHICH THE COMMISSIONER OF MENTAL HEALTH  SHALL  HAVE
DETERMINED  HAS  ACCREDITING  STANDARDS SUFFICIENT TO ASSURE THE COMMIS-
SIONER  THAT  HOSPITALS  SO  ACCREDITED  ARE  IN  COMPLIANCE  WITH  SUCH
PROVISIONS  OF  LAW,  RULES AND REGULATIONS. THE COMMISSIONER MAY EXEMPT
ANY SUCH HOSPITAL FROM THE ANNUAL INSPECTION AND VISITATION REQUIREMENTS
ESTABLISHED IN SECTION 31.07 OF THIS ARTICLE, PROVIDED THAT:
  1. SUCH HOSPITAL HAS A HISTORY OF COMPLIANCE WITH SUCH  PROVISIONS  OF
LAW,  RULES AND REGULATIONS AND A RECORD OF PROVIDING GOOD QUALITY CARE,
AS DETERMINED BY THE COMMISSIONER;
  2. A COPY OF THE SURVEY REPORT AND THE CERTIFICATE OF ACCREDITATION OF
THE JOINT COMMISSION  OR  OTHER  APPROVED  ACCREDITING  ORGANIZATION  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16035-07-0

S. 8192                             2

SUBMITTED  BY  THE ACCREDITING BODY OR THE HOSPITAL TO THE COMMISSIONER,
WITHIN SEVEN DAYS OF ISSUANCE TO THE HOSPITAL;
  3.  THE  JOINT COMMISSION OR OTHER ACCREDITING ORGANIZATION HAS AGREED
TO AND DOES EVALUATE, AS PART OF ITS ACCREDITATION SURVEY,  ANY  MINIMAL
OPERATIONAL STANDARDS ESTABLISHED BY THE COMMISSIONER WHICH ARE IN ADDI-
TION  TO THE MINIMAL OPERATIONAL STANDARDS OF ACCREDITATION OF THE JOINT
COMMISSION OR OTHER ACCREDITING ORGANIZATION; AND
  4. THERE ARE NO CONSTRAINTS PLACED UPON ACCESS BY THE COMMISSIONER  TO
THE  JOINT  COMMISSION OR OTHER APPROVED ACCREDITING ORGANIZATION SURVEY
REPORTS, PLANS OF CORRECTION, INTERIM SELF-EVALUATION  REPORTS,  NOTICES
OF  NONCOMPLIANCE, PROGRESS REPORTS ON CORRECTION OF AREAS OF NONCOMPLI-
ANCE, OR ANY OTHER RELATED REPORTS, INFORMATION, COMMUNICATIONS OR MATE-
RIALS REGARDING SUCH HOSPITAL.
  (B) ANY HOSPITAL GOVERNED BY THE PROVISIONS OF SUBDIVISION (A) OF THIS
SECTION, SHALL AT ALL TIMES BE SUBJECT TO INSPECTION  OR  VISITATION  BY
THE  COMMISSIONER  TO  DETERMINE  COMPLIANCE  WITH APPLICABLE LAW, REGU-
LATIONS, STANDARDS OR CONDITIONS AS DEEMED NECESSARY BY THE  COMMISSION-
ER.    ANY SUCH HOSPITAL SHALL BE SUBJECT TO THE FULL RANGE OF LICENSING
ENFORCEMENT AUTHORITY OF THE COMMISSIONER.
  (C) ANY HOSPITAL GOVERNED BY THE PROVISIONS OF SUBDIVISION (A) OF THIS
SECTION SHALL NOTIFY THE COMMISSIONER IMMEDIATELY UPON RECEIPT OF NOTICE
BY THE JOINT COMMISSION OR OTHER APPROVED ACCREDITING  ORGANIZATION,  OR
ANY  COMMUNICATION  THE HOSPITAL MAY RECEIVE THAT SUCH ORGANIZATION WILL
BE RECOMMENDING THAT SUCH HOSPITAL  NOT  BE  ACCREDITED,  NOT  HAVE  ITS
ACCREDITATION  RENEWED,  OR  HAVE  ITS ACCREDITATION TERMINATED, OR UPON
RECEIPT OF NOTICE OR OTHER COMMUNICATION FROM THE CENTERS  FOR  MEDICARE
AND  MEDICAID  SERVICES REGARDING A DETERMINATION THAT THE HOSPITAL WILL
BE TERMINATED FROM PARTICIPATION IN THE MEDICARE PROGRAM BECAUSE  IT  IS
NOT  IN  COMPLIANCE WITH ONE OR MORE CONDITIONS OF PARTICIPATION IN SUCH
PROGRAM, OR HAS DEFICIENCIES THAT EITHER INDIVIDUALLY OR IN  COMBINATION
JEOPARDIZE THE HEALTH AND SAFETY OF PATIENTS OR ARE OF SUCH CHARACTER AS
TO SERIOUSLY LIMIT THE PROVIDER'S CAPACITY TO RENDER ADEQUATE CARE.
  S 2. This act shall take effect immediately.

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