Regulations

Notice and Disclaimer

While the New York State Office of Mental Health (OMH) makes every effort to post accurate and reliable information, it does not guarantee or warrant that the regulations posted on this web site are complete, accurate or up-to-date. This posting is not intended to replace official publication of regulations in the New York State Register, published by the New York State Department of State. The New York State Office of Mental Health assumes no responsibility for the use or application of any regulations posted here. This web site is intended solely for the purpose of electronically providing the public with convenient access to data resources. OMH assumes no responsibility for any error, omissions or other discrepancies between the electronic and printed versions of documents. OMH cannot provide individual legal advice or counseling. If you are seeking specific legal advice in relation to these regulations, you should contact a licensed attorney in your local community.

The New York State Department of State provides free access to all New York State regulations online . OMH's regulations are included in Title 14 of the New York Codes, Rules and Regulations (NYCRR). For more information, please contact OMH's Bureau of Policy, Regulation and Legislation at (518) 474-1331.

Part 501 of Title 14 NYCRR grants the Commissioner the ability to waive regulatory requirements for purposes of testing innovative programs that may increase the efficiency and effectiveness of operations or providing additional flexibility to better meet local service needs while maintaining program quality and integrity.

Waiver Instructions | Waiver Request Form | Waiver Decisions

Proposed | Emergency | Adoption

Proposed

The 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.

• Amendment of Part 599 relating to the certification, operation and reimbursement of clinic treatment programs serving adults and children.
  OMH Text | State Register Notice

  OMH has issued a Notice of Proposed Rule Making Amending 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 ends August 8, 2022. Public Comments May be sent to regs@omh.ny.gov.

• Part 508 – Establishment of Youth Assertive Community Treatment (ACT).
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed a Notice of Proposed Rulemaking on 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 ends July 19, 2021.

• Part 600 – Crisis Stabilization Centers.
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed a Notice of Proposed Rulemaking creating a new Part 600 to implement Article 36 of the Mental Hygiene Law by establishing 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 Office of Mental Health (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 will end on April 23, 2022.

Emergency

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.

• Part 596 – Telehealth
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed an Emergency Rule and Notice of 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 will end on February 1, 2022.

• Part 557 – COVID-19 Vaccination Requirement
  OMH Text

  COVID-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.

  The emergency rule, effective March 3, 2022 will be published in the State Register on March 23, 2022. A 45 day public comment period runs through May 7, 2022. Public Comment may be submitted to regs@omh.ny.gov.

• Repeal of Part 583 and Amendment of Part 584 Relating to Residential Treatment Facilities
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed an Emergency Adoption and Notice of Proposed Rule Making Repealing Part 583 and Amending Part 584 to conform to recently enacted statutory authority, to update the language of the regulation, provide additional clarification and implement recently amended statutory authority to remove the pre-admission certification committee (PACC) through repealing Part 583 and removing such references.

  The proposed rulemaking was published in the March 3, 2021, State Register on page 15 (Issue #9). The public comment period ends May 3, 2021.

• Parts 576 and 578 - Relating to Residential Treatment Facility Leave of Absence
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed an Emergency Adoption and Notice of Proposed Rule Making on 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 ends June 14,2021.

Adoption

The 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 they were adopted as permanent rules. Once removed from this list, an unofficial version of all permanent OMH regulations can be accessed through the Department of State website .

• Part 590 and 591 – Comprehensive Psychiatric Emergency Program (CPEP).
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) 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 Notice

  The Office of Mental Health (OMH) 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.