New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 553 - Visitation And Inspection Of Facilities › Section 553.5 - Deemed status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
				For purposes of this section, the term hospital shall mean a general hospital,
				as defined in article 28 of the Public Health Law, which provides services for
				persons with mental illness pursuant to an operating certificate issued by the
				Commissioner under article 31 of the Mental Hygiene Law, operating in
				accordance with applicable provisions of this Title. The provisions of this
				section shall apply to such hospitals.
(b) Reviews conducted pursuant to this
				section of hospitals that have sought and obtained deemed status shall be made
				by personnel of a nationally accredited review organization, who possess the
				necessary skills and competencies in behavioral health to conduct
				inspections.
(c) Hospitals must
				comply with all operational standards set forth in applicable provisions of
				this Title. As evidence of compliance with such provisions, the commissioner
				may accept accreditation by The Joint Commission or an accreditation agency to
				which the Centers for Medicare and Medicaid Services has granted deeming status
				and which the commissioner has determined has accrediting standards sufficient
				to assure the commissioner that hospitals so accredited are in compliance with
				such operational standards, a list of which shall be made available on the
				public website of the office, provided that:
(1) the hospital has a history of compliance
				with applicable laws, rules, and regulations and a record of providing care of
				good quality, as determined by the commissioner;
(2) a copy of the survey report and the
				certification of accreditation of The Joint Commission or other approved
				accrediting organization is submitted by the accrediting body to the
				commissioner, within seven days of issuance to the hospital;
(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 approved accrediting
				organization;
(4) there are no
				constraints placed upon access by the commissioner to The Joint Commission or
				other approved accreditation organization's 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 hospital;
(5) the hospital at all times shall remain
				subject to inspection and visitation by the commissioner to determine
				compliance with applicable law, regulations, standards, or conditions as
				determined to be necessary by the commissioner; and
(6) the hospital at all times shall remain
				subject to the full range of licensing enforcement authority of the
				commissioner.