OMH Regulations
State regulations lay out the minimum standards for mental health service provider certification and programmatic operation. The Office of Menatl Health's (OMH) regulations are included in Title 14 of the New York Codes, Rules and Regulations (NYCRR).
Access to all New York State regulations is available through the State Register. For more information, please contact OMH's Bureau of Policy, Regulation and Legislation at (518) 474-1331.
WAIVER INFORMATION
The Commissioner can grant a waiver of an OMH regulation in the Part 500 series of Title 14 NYCRR, not otherwise required by State or Federal law.
There is no right to a waiver. The granting of waivers is at the sole discretion of the Commissioner. Review the Waiver Regulation for more information.
Waiver Instructions | Waiver Request Form | Waiver Decisions
REGULATIONS
Proposed | Emergency | Adoption
Regulations in this section have been proposed through publication of a notice in the State Register. They are currently undergoing the public review process. After OMH has received and considered public comment on the proposed rules, a Notice of Adoption must be filed with the Department of State before they are effective.
This section includes amendments that have been adopted as Emergency Regulations. Emergency rules are effective on the date they are filed, based on a finding by OMH that immediate adoption of the rule is necessary for the preservation of the public health, safety or general welfare and that compliance with the requirements of the Notice of Proposed Rulemaking process would be contrary to the public interest.
Regulations in this section have undergone the public review process and have been adopted as permanent
rules. Adopted regulations will be available on this site for one year from the date of adoption. All permanent OMH regulations are available through the Department of State
.
- Amendment of Part 599 relating to the certification, operation and reimbursement of clinic treatment programs serving adults and children.
OMH TextOMH has filed a Notice of Adoption for Part 599 of Title 14 of the NYCRR. In November 2021, CMS approved moving clinic into the Medicaid Rehabilitative Services (“rehab option”) in the State Plan Amendment, requiring several amendments to Part 599.
Services covered under the “Rehab Option” provide a more flexible benefit than other services generally used for mental health services.
The proposed rule making was published in the June 8, 2022, State Register on page 21 (Issue #23). The public comment period ended August 8, 2022.
- Part 508 – Establishment of Youth Assertive Community Treatment (ACT).
OMH TextOMH has filed a Notice of Adoption for Part 508 to include children in the populations eligible to receive ACT and other conforming changes.
The proposed rule making was filed on May 4, 20201 and was published in the State Register on May 19, 2021. The public comment period ended July 19, 2021.
- Part 600 – Crisis Stabilization Centers.
OMH TextOMH has filed a Notice of Adoption creating a new Part 600 to implement Article 36 of the Mental Hygiene Law. It establishes standards for Crisis Stabilization Centers which provide a full range of psychiatric and substance use services within a defined geographic area. Crisis Stabilization Centers will provide an array of services as set-forth in this Part and any guidance and standards jointly issued by the OMH and The Office of Addiction Services and Supports (OASAS).
The notice of revised rule making was published in issue #10 of the State Register dated March 9, 2022 on page 28. The public comment period ended on April 23, 2022.
- Part 596 – Telehealth
OMH TextOMH has filed a Notice of Adoption for Part 596 Proposed Rulemaking. These regulations make permanent many of the flexibilities put in place during the NYS Executive Order and continued with the Commissioner’s Waiver.
The notice of proposed rule making was published in issue #48 of the State Register dated December 1, 2021 on page 23. The public comment period ended on February 1, 2022.
- Part 557 – COVID-19 Vaccination Requirement
OMH TextCOVID-19 is an unpredictable disease that can cause serious illnesses and death. In response to this increased public health threat, New York must take active steps to prevent and control transmission of COVID-19. The seriousness of the continuing threat and the failure to achieve acceptable vaccination rates through voluntary programs necessitate further action.
A 45 day public comment period ended May 7, 2022.
- Parts 576 and 578 - Relating to Residential Treatment Facility Leave of Absence
OMH TextOMH has filed a Notice of Adoption for Parts 576 and 578 to update the requirements for leave of absences in residential treatment facilities (RTF) to more accurately reflect the treatment goals of these programs. This revision will clarify the vacancy rate calculations for RTFs enabling programs to better serve the needs of residents and their families while preserving the long-term viability of these programs. Specifically, the amendments would align the program with the previously approved State Plan Amendment and implement these changes effective 7/1/18 (attachment 4.16C (pg 2 & 3).
The proposed rulemaking was filed on March 24 and is published in issue #15 of the State Register dated April 14,2021 on page 8. The public comment period ended June 14,2021.
- Part 590 and 591 – Comprehensive Psychiatric Emergency Program (CPEP).
OMH Text | State Register NoticeOMH has filed a Notice of Adoption on Part 590 and 591 to clarify and provide uniformity relating to the establishment and operation of a comprehensive psychiatric emergency program (CPEP). The rule removes outdated or obsolete references and provides clarification relating to reimbursement, requirements for admission and discharge, and requirements for staffing, services, treatment planning, recordkeeping and appropriate community linkages. Additionally, the amendments seek regulatory changes to conform with Chapter 58 of the Laws of 2020.
The emergency rule and notice proposed rule making was filed on October 6, 2020 and is published in issue #42 of the State Register dated October 21, 2020 on page 6. The public comment period ended December 20, 2020. The Adoption is published in the State Register dated May 19, 2021.
- Part 599.10 – Clinic Treatment Programs: Treatment Planning
OMH Text | State Register NoticeOMH has filed a Notice of Proposed Rule Making on Part 599.10 to provide more flexibility in the development and execution of an individual's treatment plan.
The proposed rule making was filed April 21, 2020. The public comment period ended July 6, 2020. The adoption is published on page 15 in issue #33 of the State Register dated August 19, 2020.