S T A T E O F N E W Y O R K
________________________________________________________________________
9768--A
Cal. No. 885
I N A S S E M B L Y
May 21, 2014
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading
AN ACT to amend the mental hygiene law, in relation to compliance with
operational standards by general hospitals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 31.08 of the mental hygiene law, as added by
section 55 of part H of chapter 59 of the laws of 2011, is amended to
read as follows:
S 31.08 Compliance with operational standards by GENERAL hospitals.
(a) Notwithstanding the provisions of section 31.07 of this article,
with respect to a GENERAL 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, the requirements of section
31.07 of this article may be deemed to be met if 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 shall have determined
has accrediting standards sufficient to assure the commissioner that
hospitals so accredited are in compliance with the provisions of this
chapter and applicable laws, rules and regulations in regard to services
provided at such [wing, ward, unit or other part of a] hospital. Such
accreditation shall have the same legal effect as a determination by the
commissioner under section 31.07 of this article that the hospital is in
compliance with such provisions. The commissioner may exempt any such
hospital from the annual inspection and visitation requirements estab-
lished 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15127-04-4
A. 9768--A 2
2. a copy of the survey report and the certificate of accreditation of
The Joint Commission or other approved accrediting organization is
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 GENERAL hospital AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, WHICH IS governed by the provisions of subdivision
(a) of this section shall at all times be subject to inspection or visi-
tation by the commissioner to determine compliance with applicable law,
regulations, standards or conditions as deemed necessary by the commis-
sioner. Any such hospital shall be subject to the full range of licens-
ing enforcement authority of the commissioner.
(c) Any GENERAL hospital AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, WHICH IS 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 termi-
nated, 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 partic-
ipation 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. Section 32.14 of the mental hygiene law, as added by section 56
of part H of chapter 59 of the laws of 2011, is amended to read as
follows:
S 32.14 Compliance with operational standards by providers of services
in GENERAL hospitals.
(a) Notwithstanding the provisions of section 32.13 of this article,
with respect to a provider of services as defined in section 1.03 of
this chapter that [occupies a ward, wing, unit, or other part of a] IS A
GENERAL hospital, as defined in article twenty-eight of the public
health law, which provides services for persons with mental disabilities
pursuant to an operating certificate issued by the commissioner, the
requirements of section 32.13 of this article may be deemed to be met if
such hospital has been accredited by The Joint Commission, or any other
accrediting organization to which the Centers for Medicare and Medicaid
Services has granted deeming status, and which the commissioner shall
have determined has accrediting standards sufficient to assure the
commissioner that [providers of services occupying a ward, wing, unit or
other part of] such hospital so accredited [are] IS in compliance with
the provisions of this chapter and applicable laws, rules and regu-
A. 9768--A 3
lations in regard to services provided at such [ward, wing, unit or
other part of a] hospital. Such accreditation shall have the same legal
effect as a determination by the commissioner under section 32.13 of
this article that the provider of services is in compliance with such
provisions. The commissioner may exempt any such provider of services[,
in regard to services provided at such ward, wing, unit or other part of
a hospital,] from the annual inspection and visitation requirements
established in section 32.13 of this article, provided that:
1. such provider of services 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
submitted by the accrediting body or the provider of services to the
commissioner, within seven days of issuance to such provider of
services;
3. The Joint Commission or other approved 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 addition 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 provider of services.
(b) Any provider of services governed by the provisions of subdivision
(a) of this section shall at all times be subject to inspection or visi-
tation by the commissioner to determine compliance with applicable law,
regulations, standards or conditions as deemed necessary by the commis-
sioner. Any such provider of services shall be subject to the full range
of certification enforcement authority of the commissioner.
(c) Any provider of services 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 provider of services may receive
that such organization will be recommending that such provider of
services not be accredited, not have its accreditation renewed, or have
its accreditation terminated, or upon receipt of notice or other commu-
nication from the Centers for Medicare and Medicaid Services regarding a
determination that the provider of services will be terminated from
participation in the Medicare or Medicaid 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 jeopard-
ize the health and safety of patients or are of such character as to
seriously limit the provider's capacity to render adequate care.
S 3. This act shall take effect immediately.