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.