N.Y. MHY Law § 32.14 — New York Code / Act MHY / Title E / Article 32 / Section 32.14
Compliance with operational standards by providers of services in general hospitals
Status: in_force

§ 32.14 Compliance with operational standards by providers of services\n          in general hospitals.\n  (a) Notwithstanding the provisions of section 32.13 of this article,\nwith respect to a provider of services as defined in section 1.03 of\nthis chapter that is a general hospital, as defined in article\ntwenty-eight of the public health law, which provides services for\npersons with mental disabilities pursuant to an operating certificate\nissued by the commissioner, the requirements of section 32.13 of this\narticle may be deemed to be met if such hospital has been accredited by\nThe Joint Commission, or any other accrediting organization to which the\nCenters for Medicare and Medicaid Services has granted deeming status,\nand which the commissioner shall have determined has accrediting\nstandards sufficient to assure the commissioner that such hospital so\naccredited is in compliance with the provisions of this chapter and\napplicable laws, rules and regulations in regard to services provided at\nsuch hospital. Such accreditation shall have the same legal effect as a\ndetermination by the commissioner under section 32.13 of this article\nthat the provider of services is in compliance with such provisions. The\ncommissioner may exempt any such provider of services from the annual\ninspection and visitation requirements established in section 32.13 of\nthis article, provided that:\n  1. such provider of services has a history of compliance with such\nprovisions of law, rules and regulations and a record of providing good\nquality care, as determined by the commissioner;\n  2. a copy of the survey report and the certificate of accreditation of\nThe Joint Commission or other approved accrediting organization is\nsubmitted by the accrediting body or the provider of services to the\ncommissioner, within seven days of issuance to such provider of\nservices;\n  3. The Joint Commission or other approved accrediting organization has\nagreed to and does evaluate, as part of its accreditation survey, any\nminimal operational standards established by the commissioner which are\nin addition to the minimal operational standards of accreditation of The\nJoint Commission or other accrediting organization; and\n  4. there are no constraints placed upon access by the commissioner to\nThe Joint Commission or other approved accrediting organization survey\nreports, plans of correction, interim self-evaluation reports, notices\nof noncompliance, progress reports on correction of areas of\nnoncompliance, or any other related reports, information, communications\nor materials regarding such provider of services.\n  (b) Any provider of services governed by the provisions of subdivision\n(a) of this section shall at all times be subject to inspection or\nvisitation by the commissioner to determine compliance with applicable\nlaw, regulations, standards or conditions as deemed necessary by the\ncommissioner. Any such provider of services shall be subject to the full\nrange of certification enforcement authority of the commissioner.\n  (c) Any provider of services governed by the provisions of subdivision\n(a) of this section shall notify the commissioner immediately upon\nreceipt of notice by The Joint Commission or other approved accrediting\norganization, or any communication the provider of services may receive\nthat such organization will be recommending that such provider of\nservices not be accredited, not have its accreditation renewed, or have\nits accreditation terminated, or upon receipt of notice or other\ncommunication from the Centers for Medicare and Medicaid Services\nregarding a determination that the provider of services will be\nterminated from participation in the Medicare or Medicaid program\nbecause it is not in compliance with one or more conditions of\nparticipation in such program, or has deficiencies that either\nindividually or in combination jeopardize the health and safety of\npatients or are of such character as to seriously limit the provider's\ncapacity to render adequate care.\n