To conform existing regulations to statute and enable external entity to perform reviews and inspections.
Text of proposed rule:
Subdivisions (a) and (c) of section 553.5 of Title 14 NYCRR are amended to read as follows:
(a) Applicability. For purposes of this section, the term hospital shall mean [a psychiatric unit of] a general hospital, [that is certified] 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, [and under article 28 of the Public Health Law] operating in accordance with [Part 580] applicable provisions of this Title. The provisions of this section shall apply to such hospitals.
(c) Hospitals must comply with [the] all operational standards set forth in [Part 580] applicable provisions of this Title. As evidence of compliance with such [Part] 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.
Text of proposed rule and any required statements and analyses may be obtained from:
Sue Watson, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email: regs@omh.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This proposal is filed as a Consensus rule on the grounds that it conforms existing regulations to recent amendments to statute.
Section 31.07 of the Mental Hygiene Law gives the Commissioner of Mental Health the power to conduct periodic investigations into the operations of providers of services which are required by Article 31 of the Mental Hygiene Law to have an operating certificate and to make inspections and examine records, including, but not limited to, medical service and financial records, to determine whether such providers are complying with applicable provisions of the Mental Hygiene Law and applicable laws, rules and regulations. Section 31.08 of the Mental Hygiene Law, as amended in August, 2014, states that the requirements of Section 31.07 may be deemed to be met if the 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 has determined has accrediting standards sufficient to assure the Commissioner that hospitals so accredited are in compliance with the provisions of applicable laws, rules and regulations. This consensus rule serves to conform 14 NYCRR Section 553.5 to the recently amended statute and will enable an external entity to review and inspect hospitals as defined in Article 28 of the Public Health Law that provide services for persons with mental illness pursuant to an operating certificate issued by the Commissioner under Article 31 of the Mental Hygiene Law.
Statutory Authority: Section 7.09 of the Mental Hygiene Law grants the Commissioner of Mental Health the authority and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction. Sections 31.02 and 31.04 of the Mental Hygiene Law authorize the Commissioner to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the rendition of services for persons diagnosed with mental illness, pursuant to an operating certificate. Section 31.05 of the Mental Hygiene Law establishes criteria for the issuance of operating certificates. Section 31.09 of the Mental Hygiene Law gives the Commissioner or his or her representative the power to inspect facilities, examine records, conduct examinations and interviews, and obtain such other information as necessary in order to carry out his or her responsibilities under Article 31 of such law. All such investigations and inspections shall be made by persons competent to conduct them. Sections 31.13 and 31.19 of the Mental Hygiene Law further authorize the Commissioner of his or her representatives to examine and inspect such programs to determine their suitability and proper operation.
Job Impact Statement
A Job Impact Statement is not submitted with this notice because the purpose of the amendment is to conform OMH regulations to recently amended statute. There will be no adverse impact on jobs and employment opportunities.
