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 at http://www.dos.ny.gov/info/nycrr.html . OMH's regulations are included in Title 14 of the New York Codes, Rules and Regulations (NYCRR). Please note that these online regulations are an unofficial version and are provided for informational purposes only. No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. Due to the timing of the posting process, the regulations posted on the Department of State website may not reflect the most current version of OMH regulations. 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.

• Part 501.2 – Mental Health Services - General Provisions – Definitions
  OMH Text | State Register Notice
  
  The Office of Mental Health (OMH) has filed a Notice of Proposed Rule Making on Part 501.2 to clarify that the definition of “Case record, clinical record, medical record, or patient record” does not apply to the definition of “record” set forth in MHL 9.01.   The related text appears in bold, italics.
  
  The proposed rule making was filed October 29, 2019 and is published on pages 14 - 15 in issue #46 of the State Register dated November 13, 2019.  The public comment period ends January 12, 2020.  

• Part 513.5 – Limits on Administrative Expenses and Executive Compensation
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed a Notice of Proposed Rule Making on Part 513.5. This proposal is being filed as a Consensus rule on the grounds that it is non-controversial. Section 513.5 of the Office of Mental Health (OMH) regulations currently provide for limits on executive compensation. Specifically, subparagraph (b) provides for such “soft cap” restriction on compensation. This amendment removes such references from the regulation. The deleted text appears in brackets, italics and any additional language is depicted in bold, italics.

  The proposed rule making was filed October 30, 2019 and is published on pages 21-22 in issue #47 of the State Register on November 20, 2019. The public comment period ends January 19, 2020.

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.

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 at www.dos.ny.gov/info/nycrr.html .

• SUB-PART 511-2 Children’s Mental Health
  OMH Text | State Register Notice

  The Office of Mental Health (OMH) has filed a Notice of Adoption to add new Part 511-2 to Title 14 NYCRR. The Children’s Mental Health Rehabilitation Program (CMHRS) is an outgrowth of the Children’s Medicaid Redesign efforts. From this effort, a new array of children’s behavioral health services was designed to better meet the needs of children and their families. As a result, the OMH developed the CMHRS program as a vehicle for the implementation of the new State Plan services for children with mental health needs.

  The goal of the CMHRS program is to assist children and their families with significant mental health and behavioral needs function successfully within their homes and community, ameliorate mental health symptoms, and prevent the progression of mental health conditions by providing a coordinated array of clinical treatment, rehabilitative and support services.

  The Notice of Adoption was filed July 2, 2019 and appears in the July 17, 2019 issue of the State Register on pages 16-18.

• Part 512.11 – Personalized Recovery Oriented Services (PROS)
  OMH Text | State Register Notice
  
  

  The Office of Mental Health (OMH) has filed a Notice of Adoption on section 512.11. This amendment removes the current restriction to allow Personalized Recovery Oriented Services (PROS ) participants, if desired, to receive Clinic Treatment from an Article 31 Clinic operated by the same agency. Allowing co-enrollment will likely lead to more individuals pursuing and receiving rehabilitation services in an effort to achieve desired goals.

  The public comment period ended December 22, 2019. The Notice of Adoption was filed January 13, 2020 and appears in issue 4 of the January 29, 2020 State Register on page 24.

• Part 589 - Operation of Crisis Residence
  OMH Text | State Register Notice
  
  

  The Office of Mental Health (OMH) has filed a Notice of Adoption to amend Part 589 of Title 14 NYCRR. OMH has revised Part 589 to update the language in the regulations and conform the regulations to more accurately reflect current practice related to the operation of crisis residences. The amendment updates the categories of crisis residences to match what is currently operation in the State of New York.

  The goals of the crisis management system are to maintain people safely in the community, reduce unnecessary emergency room visits and inpatient hospitalizations, reduce risk of future crises and coordinate information sharing among clinicians, recipients and involved family members and identified supports to reflect recipient’s preferences. The Notice of Adoption was filed June 12, 2019 and appears in issue 26 of the June 26, 2019 State Register on pages 13-14.

• Part 596 – Telepsychiatry Services
  OMH Text | State Register Notice

  At this time, the Office of Mental Health is adopting amendments to Title 14 NYCRR Part 596 – Telepsychiatry Services. Current regulations establish basic standards and parameters to approve the use of telepsychiatry in certain OMH-licensed programs that elect to offer this service.

  The amendments are intended to continue to expand the opportunity to offer telemental health services in the New York State regulated mental health system. Originally limited to services provided by psychiatrists and nurse practitioners, these amendments expand the range of services that can be offered by mental health providers approved by the Office of Mental Health to deliver telemental health services to include services of psychologists, social workers, and mental health counselors.

  The Adoption was filed on June 17, 2019 and appears in Jul 3, 2019, issue no. 27 of the State Register on pages 15 - 17.