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.