validation of surveys made by joint commission on the accreditation of hospitals

validation of surveys made by joint commission on the accreditation of hospitals Sec. 244. (a) Section 1864 of the Social Security Act is amended by inserting at the end thereof the following new subsection: “(c) The Secretary is authorized to enter into an agreement with any State under which the appropriate State or local agency which performs the certification function described in subsection (a) will survey, on a selective sample basis (or where the Secretary finds that a survey is appropriate because of substantial allegations of the existence of a significant deficiency or deficiencies which would, if found to be present, adversely affect health and safety of patients), hospitals which have an agreement with the Secretary under section 1866 and which are accredited by the Joint Commission on the Accreditation of 86 Stat. 1423Hospitals. The Secretary shall pay for such services in the manner prescribed in subsection (b).” (b) (1) Section 1865 of such Act, as amended by section 234 of this Act, is further amended by striking out “Sec. 1865” and the first two sentences of such section and inserting in lieu thereof the following: “Sec. 1865. (a) Except as provided in subsection (b) and the second sentence of section 1863, if— “(1) an institution is accredited as a hospital by the Joint Commission on Accreditation of Hospitals, and “(2) such institution (if it is included within a survey described in section 1864 (c)) authorizes the Commission to release to the Secretary (on a confidential basis) upon his request (or such State agency as the Secretary may designate) a copy of the most current accreditation survey of such institution made by such Commission, then, such institution shall be deemed to meet the requirements of the numbered paragraphs of section 1861 (e); except— “(3) paragraph (6) thereof, and “(4) any standard, promulgated by the Secretary pursuant to paragraph (9) thereof, which is higher than the requirements prescribed for accreditation by such Commission. If such Commission, as a condition for accreditation of a hospital, requires a utilization review plan (or imposes another requirement which serves substantially the same purpose) or imposes a standard which the Secretary determines is at least equivalent to the standard promulgated by the Secretary as described in paragraph (4) of this subsection, the Secretary is authorized to find that all institutions so accredited by such Commission comply also with section 1861(e) (6) or the standard described in such paragraph (4), as the case may be.” (2) Such section 1865 (as so amended) is further amended by adding after subsection (a) thereof the following: “(b) Notwithstanding any other provision of this title, if the Secretary finds following a survey made pursuant to section 1864(c) that an institution has significant, deficiencies (as defined in regulations pertaining to health and safety), such institution shall, after the date of notice of such finding to the hospital and for such period as may be prescribed In regulations, be deemed not to meet the requirements of the numbered paragraphs of section 1861(e).” (c) Section 1861(e) of such Act, as amended by sections 211 and 234 of this Act, is further amended by striking out, in subsection (9), everything after the word “institution” and inserting in lieu thereof a period. (d) Section 1875(b) of such Act, as amended by sections 222 and 226 of this Act, is further amended by inserting, after “including” and before “the operation”, the following: “a validation of the accreditation process of the Joint Commission on the Accreditation of Hospitals,”.