S07481 Summary:

BILL NO    S07481A

SAME AS    SAME AS A09768-A

SPONSOR    HANNON

COSPNSR    

MLTSPNSR   

Amd SS31.08 & 32.14, Ment Hyg L

Requires providers of inpatient and/or outpatient services to mentally ill or
developmental disabled persons to comply with operational standards.
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S07481 Actions:

BILL NO    S07481A

05/15/2014 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
05/30/2014 AMEND (T) AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
05/30/2014 PRINT NUMBER 7481A
06/18/2014 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2014 ORDERED TO THIRD READING CAL.1567
06/18/2014 SUBSTITUTED BY A9768A
           A09768  AMEND=A  Gunther
           05/21/2014 referred to mental health
           05/28/2014 reported 
           05/30/2014 advanced to third reading cal.885
           06/02/2014 amended on third reading (t) 9768a
           06/09/2014 passed assembly
           06/09/2014 delivered to senate
           06/09/2014 REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
           06/18/2014 SUBSTITUTED FOR S7481A
           06/18/2014 3RD READING CAL.1567
           06/18/2014 PASSED SENATE
           06/18/2014 RETURNED TO ASSEMBLY
           08/01/2014 delivered to governor
           08/11/2014 signed chap.281
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S07481 Votes:

There are no votes for this bill in this legislative session.
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S07481 Memo:

Memo not available
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S07481 Text:

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

                                        7481--A

                                   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 -- committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       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:

    1    Section  1.  Section  31.08  of  the  mental  hygiene law, as added by
    2  section 55 of part H of chapter 59 of the laws of 2011,  is  amended  to
    3  read as follows:
    4  S 31.08 Compliance with operational standards by GENERAL hospitals.
    5    (a)  Notwithstanding  the provisions of section 31.07 of this article,
    6  with respect to a GENERAL hospital [as defined in section 1.03  of  this
    7  chapter,  which  is a ward, wing, unit, or other part of a hospital], as
    8  defined in article twenty-eight of the public health law, which provides
    9  services for persons  with  mental  illness  pursuant  to  an  operating
   10  certificate  issued  by  the  commissioner,  the requirements of section
   11  31.07 of this article may be deemed to be met if such hospital has  been
   12  accredited  by  The  Joint Commission, or any other hospital accrediting
   13  organization to which the Centers for Medicare and Medicaid Services has
   14  granted deeming status, and which the commissioner shall have determined
   15  has accrediting standards sufficient to  assure  the  commissioner  that
   16  hospitals  so  accredited  are in compliance with the provisions of this
   17  chapter and applicable laws, rules and regulations in regard to services
   18  provided at such [wing, ward, unit or other part of  a]  hospital.  Such
   19  accreditation shall have the same legal effect as a determination by the
   20  commissioner under section 31.07 of this article that the hospital is in
   21  compliance  with  such  provisions. The commissioner may exempt any such
   22  hospital from the annual inspection and visitation  requirements  estab-
   23  lished in section 31.07 of this article, provided that:
   24    1.  such  hospital has a history of compliance with such provisions of
   25  law, rules and regulations and a record of providing good quality  care,
   26  as determined by the commissioner;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15127-05-4
       S. 7481--A                          2

    1    2. a copy of the survey report and the certificate of accreditation of
    2  The  Joint  Commission  or  other  approved  accrediting organization is
    3  submitted by the accrediting body or the hospital to  the  commissioner,
    4  within seven days of issuance to the hospital;
    5    3.  The  Joint Commission or other accrediting organization has agreed
    6  to and does evaluate, as part of its accreditation survey,  any  minimal
    7  operational standards established by the commissioner which are in addi-
    8  tion  to the minimal operational standards of accreditation of The Joint
    9  Commission or other accrediting organization; and
   10    4. there are no constraints placed upon access by the commissioner  to
   11  The  Joint  Commission or other approved accrediting organization survey
   12  reports, plans of correction, interim self-evaluation  reports,  notices
   13  of  noncompliance, progress reports on correction of areas of noncompli-
   14  ance, or any other related reports, information, communications or mate-
   15  rials regarding such hospital.
   16    (b) Any GENERAL hospital AS DEFINED IN  ARTICLE  TWENTY-EIGHT  OF  THE
   17  PUBLIC  HEALTH  LAW,  WHICH IS governed by the provisions of subdivision
   18  (a) of this section shall at all times be subject to inspection or visi-
   19  tation by the commissioner to determine compliance with applicable  law,
   20  regulations,  standards or conditions as deemed necessary by the commis-
   21  sioner. Any such hospital shall be subject to the full range of  licens-
   22  ing enforcement authority of the commissioner.
   23    (c)  Any  GENERAL  hospital  AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE
   24  PUBLIC HEALTH LAW, WHICH IS governed by the  provisions  of  subdivision
   25  (a)  of  this  section  shall  notify  the commissioner immediately upon
   26  receipt of notice by The Joint Commission or other approved  accrediting
   27  organization,  or  any  communication the hospital may receive that such
   28  organization will be recommending that such hospital not be  accredited,
   29  not  have  its  accreditation  renewed, or have its accreditation termi-
   30  nated, or upon receipt of notice or other communication from the Centers
   31  for Medicare and Medicaid Services regarding a  determination  that  the
   32  hospital  will  be terminated from participation in the Medicare program
   33  because it is not in compliance with one or more conditions  of  partic-
   34  ipation in such program, or has deficiencies that either individually or
   35  in  combination  jeopardize  the health and safety of patients or are of
   36  such character as to seriously limit the provider's capacity  to  render
   37  adequate care.
   38    S  2.  Section 32.14 of the mental hygiene law, as added by section 56
   39  of part H of chapter 59 of the laws of  2011,  is  amended  to  read  as
   40  follows:
   41  S 32.14 Compliance  with  operational standards by providers of services
   42            in GENERAL hospitals.
   43    (a) Notwithstanding the provisions of section 32.13 of  this  article,
   44  with  respect  to  a  provider of services as defined in section 1.03 of
   45  this chapter that [occupies a ward, wing, unit, or other part of a] IS A
   46  GENERAL hospital, as defined  in  article  twenty-eight  of  the  public
   47  health law, which provides services for persons with mental disabilities
   48  pursuant  to  an  operating  certificate issued by the commissioner, the
   49  requirements of section 32.13 of this article may be deemed to be met if
   50  such hospital has been accredited by The Joint Commission, or any  other
   51  accrediting  organization to which the Centers for Medicare and Medicaid
   52  Services has granted deeming status, and which  the  commissioner  shall
   53  have  determined  has  accrediting  standards  sufficient  to assure the
   54  commissioner that [providers of services occupying a ward, wing, unit or
   55  other part of] such hospital so accredited [are] IS in  compliance  with
   56  the  provisions  of  this  chapter  and applicable laws, rules and regu-
       S. 7481--A                          3

    1  lations in regard to services provided at  such  [ward,  wing,  unit  or
    2  other  part of a] hospital. Such accreditation shall have the same legal
    3  effect as a determination by the commissioner  under  section  32.13  of
    4  this  article  that  the provider of services is in compliance with such
    5  provisions. The commissioner may exempt any such provider of  services[,
    6  in regard to services provided at such ward, wing, unit or other part of
    7  a  hospital,]  from  the  annual  inspection and visitation requirements
    8  established in section 32.13 of this article, provided that:
    9    1. such provider of services has a history  of  compliance  with  such
   10  provisions  of law, rules and regulations and a record of providing good
   11  quality care, as determined by the commissioner;
   12    2. a copy of the survey report and the certificate of accreditation of
   13  The Joint Commission  or  other  approved  accrediting  organization  is
   14  submitted  by  the  accrediting  body or the provider of services to the
   15  commissioner,  within  seven  days  of  issuance  to  such  provider  of
   16  services;
   17    3. The Joint Commission or other approved accrediting organization has
   18  agreed  to  and  does evaluate, as part of its accreditation survey, any
   19  minimal operational standards established by the commissioner which  are
   20  in addition to the minimal operational standards of accreditation of The
   21  Joint Commission or other accrediting organization; and
   22    4.  there are no constraints placed upon access by the commissioner to
   23  The Joint Commission or other approved accrediting  organization  survey
   24  reports,  plans  of correction, interim self-evaluation reports, notices
   25  of noncompliance, progress reports on correction of areas of  noncompli-
   26  ance, or any other related reports, information, communications or mate-
   27  rials regarding such provider of services.
   28    (b) Any provider of services governed by the provisions of subdivision
   29  (a) of this section shall at all times be subject to inspection or visi-
   30  tation  by the commissioner to determine compliance with applicable law,
   31  regulations, standards or conditions as deemed necessary by the  commis-
   32  sioner. Any such provider of services shall be subject to the full range
   33  of certification enforcement authority of the commissioner.
   34    (c) Any provider of services governed by the provisions of subdivision
   35  (a)  of  this  section  shall  notify  the commissioner immediately upon
   36  receipt of notice by The Joint Commission or other approved  accrediting
   37  organization,  or any communication the provider of services may receive
   38  that such organization  will  be  recommending  that  such  provider  of
   39  services  not be accredited, not have its accreditation renewed, or have
   40  its accreditation terminated, or upon receipt of notice or other  commu-
   41  nication from the Centers for Medicare and Medicaid Services regarding a
   42  determination  that  the  provider  of  services will be terminated from
   43  participation in the Medicare or Medicaid program because it is  not  in
   44  compliance with one or more conditions of participation in such program,
   45  or  has deficiencies that either individually or in combination jeopard-
   46  ize the health and safety of patients or are of  such  character  as  to
   47  seriously limit the provider's capacity to render adequate care.
   48    S 3. This act shall take effect immediately.
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