Section 501.3(a)(7) of Title 14 NYCRR requires the Office of Mental Health (OMH) to post requests for regulation waivers, and the Commissioner’s decision regarding those requests.
Date: December 8, 2015
Waiver Request:
Hospital requested a renewal waiver to commingle individuals aged 16 to 23 in a young adult unit.
Regulations at Issue:
14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
The waiver is denied based on information provided. Request cannot be considered until additional information is submitted.
Date: November 24, 2015
Waiver Request:
Provider requested a waiver to utilize telepsychiatry equipment at an inpatient hospital to provide services to patients at a clinic.
Regulations at Issue:
14 NYCRR Section 599.17(b)(1)
Commissioner’s Decision:
The waiver is approved with the understanding that compliance with all other regulatory provisions found at Section 599.17 will be ensured.
Date: August 25, 2015
Waiver Request:
Provider requested a waiver to allow flexibility with respect to the frequency of performance of utilization reviews.
Regulations at Issue:
14 NYCRR Section 598.11(a)(2)(iii)(e)
Commissioner’s Decision:
The waiver is approved to allow a six-month review, which is consistent with Part 599. This waiver is contingent upon the provider adhering to the requirements of Part 599 with respect to utilization review, as well as all other regulatory provisions found in Parts 598 and 599.
Date: August 11, 2015
Waiver Request:
Provider requested a waiver of specific staffing requirements for a Comprehensive PROS program.
Regulations at Issue:
14 NYCRR Section 512.7(d)(2)(i)
Commissioner’s Decision:
The waiver is approved with conditions: provider continues to employ an adequate and appropriate number of professional staff to operate program; provider ensures that the rights, health, safety of clients will not be diminished and best interests of clients will continue to be served.
Date: May 13, 2015
Waiver Request:
Provider requested a waiver to commingle adolescents and adults in a specialized inpatient unit for the treatment of individuals with eating disorders.
Regulations at Issue:
14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
The waiver is approved with conditions related to staffing, assessment, and therapeutic programming in commingled setting, as well as ensuring adequate supervision and programming for individuals who are not appropriate for commingled groups.
Date: April 8, 2015
Waiver Request:
Provider sought to waive requirement that two staff members of crisis outreach team be present when crisis intervention services are provided at a site other than CPEP emergency room or crisis residence service.
Regulations at Issue:
14 NYCRR Section 590.10(c)(7)
Commissioner’s Decision:
The waiver is denied due to health and safety concerns.
Date: April 2, 2015
Waiver Request:
Provider requested a waiver to allow extended treatment time for patients in partial hospital program.
Regulations at Issue:
14 NYCRR Section 588.9(a)(2)
Commissioner’s Decision:
The waiver is approved with conditions. Data must be provided regarding number of individuals utilizing extended length of stay.
Date: February 11, 2015
Waiver Request:
Provider requested a waiver to admit an 18-year old in need of treatment to a community residence for children and adolescents.
Regulations at Issue:
14 NYCRR Section 594.8(b)
Commissioner’s Decision:
The waiver is approved as it has been determined that this is the most appropriate setting to meet the clinical and educational needs of the individual. The waiver pertains solely to the admission of this individual.
Date: February 10, 2015
Waiver Request:
Provider requested a waiver to enable a community residence undergoing renovations to temporarily allow a third resident to stay in a bedroom approved for use by two people.
Regulations at Issue:
14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
TThe waiver is approved for a period of no more than three months, which is the expected duration of renovations. If renovations are completed sooner, resident will be relocated to a different room, and the bedroom will revert back to a two-person occupancy room only. The community residence must adhere to all other provisions of Part 595, including, but not limited to, the required furnishings for the third individual.