2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services. › 32.14 - Compliance With Operational Standards by Providers of Services in General Hospitals.

§ 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  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 such hospital so
accredited is in compliance with the  provisions  of  this  chapter  and
applicable laws, rules and regulations in regard to services provided at
such  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 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
noncompliance, or any other related reports, information, communications
or materials 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
visitation  by  the commissioner to determine compliance with applicable
law, regulations, standards or conditions as  deemed  necessary  by  the
commissioner. 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
communication  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  jeopardize  the  health  and  safety  of
patients  or  are of such character as to seriously limit the provider's
capacity to render adequate care.