S T A T E O F N E W Y O R K
________________________________________________________________________
7481
I N S E N A T E
May 15, 2014
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, in relation to compliance with
operational standards by certain providers of services
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 [hospitals] CERTAIN
PROVIDERS OF SERVICES.
(a) Notwithstanding the provisions of section 31.07 of this article,
with respect to a [hospital] PROVIDER OF SERVICES 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 INPATIENT SERVICES, OUTPATIENT services OR BOTH SUCH
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15127-01-4
S. 7481 2
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
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 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 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 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 organiza-
tion, or any communication the hospital may receive that such organiza-
tion 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. 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 CERTAIN providers of
services [in 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 hospi-
tal, as defined in article twenty-eight of the public health law, which
provides INPATIENT SERVICES, OUTPATIENT services OR BOTH SUCH SERVICES
for persons with mental disabilities pursuant to an operating certif-
icate issued by the commissioner, the requirements of section 32.13 of
this article may be deemed to be met if such hospital has been accred-
ited 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
S. 7481 3
services occupying a ward, wing, unit or other part of such hospital so
accredited are in compliance with the provisions of this chapter and
applicable laws, rules and regulations 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 visita-
tion 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.
