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Office of Mental Health

New York State Office of Mental Health

Waiver Request Pursuant to Part 501 of
Title 14 NYCRR

The Commissioner may grant a waiver of an OMH regulatory requirement in the Part 500 series of Title 14 NYCRR, not otherwise required by State or Federal law, if the Commissioner determines that:

  1. the rights, health and safety of clients would not be diminished;

  2. the best interests of clients would be served;

  3. the benefits of waiving the requirement outweigh the public interest in meeting the requirement; and

  4. the purpose of the request is to implement/test innovative programs that may increase the efficiency or effectiveness of operations, to provide additional flexibility to better meet local service needs while maintaining program quality and integrity, or other purposes deemed appropriate by the Commissioner.

There is no right to a waiver. The granting of waivers is at the sole discretion of the Commissioner. The full text of the waiver regulation is available.

Prior consultation with the appropriate Local Governmental Unit is required in to proceed with a waiver request. To request a waiver, you must complete the form (PDF) and send signed hardcopy to the appropriate Local Governmental Unit. The form must be completed in full, with additional documentation if needed. Unclear or incomplete submissions will be returned without being processed. Specify if this is an original or renewal request.

Section 501.3(a)(7) requires that waiver requests and the decision of the Commissioner be posted on the OMH website.

Should you have questions, contact your Field Office.