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. The New York State Office of Mental HealthOMH assumes no responsibility for any error, omissions or other discrepancies between the electronic and printed versions of documents. Furthermore, the New York State Office of Mental HealthOMH 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.

Instructions |  Waiver Request Form

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 511 – Early and Periodic Screening, Diagnostic and Treatment Services for Children
  OMH Text | State Register Notice )
  

  The Office of Mental Health (OMH) has filed a Notice of Proposed Rule Making having worked in collaboration with the Office of Alcoholism and Substance Abuse Services (OASAS), Office of Children and Family Services (OCFS), and the Department of Health (DOH) to promote the expansion of behavioral health services for children and youth under 21 years of age by identifying services to be offered under the Early and Periodic Screening, Diagnosis and Treatment Benefits, commonly known as EPSDT. The proposal is to establish the process under which providers of mental health services that are operated, licensed, or funded may obtain designation to offer any or all of these services.

  A provider of mental health services is eligible to apply for designation if it is enrolled in the Medicaid program prior to commencing service delivery; have a history of compliance with federal and state laws and regulations governing the provision of mental health services; and satisfy requisite criteria identified in the New York State Plan Amendment Designation Application and standards of care identified in the Children’s Health and Behavioral

  Health Services Transformation Medicaid State Plan Provider Manual. The rule was published in the State Register on August 2, 2017, and public comments will be accepted through close of business September 18, 2017.

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 .