Date: December 14, 2016

Waiver Request:
Provider requested a waiver of specific staffing requirements.

Regulations at Issue:
14 NYCRR Section 599.9

Commissioner’s Decision:
The waiver has been reviewed, but not yet approved. OMH may waive the regulation by approving a specific physician to provide psychiatric services in lieu of a psychiatrist. Approval of this waiver request will be conditional on the acceptance of an identified candidate by the Commissioner and the Bureau of Inspection and Certification.

Date: December 13, 2016

Waiver Request:
Provider requested a waiver of the admission age due to the mental health needs and developmental limitations of an individual.

Regulations at Issue:
14 NYCRR Section 594.8(i)

Commissioner’s Decision:
The waiver is approved to allow this particular individual to be placed and remain in a Child & Youth Community Residence serving adolescents, despite his age, in order to receive the services that meet his needs. Quarterly progress updates will be required on this individual. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.

Date: October 20, 2016

Waiver Request:
Provider requested a waiver of the discharge age criteria.

Regulations at Issue:
14 NYCRR Section 594.8(i)

Commissioner’s Decision:
The waiver is approved to allow the extended stay of a particular individual, three weeks past his 19th birthday or until the next identified placement through OPWDD is available for his transition. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.

Date: September 27, 2016

Waiver Request:
Provider requested a waiver to provide telepsychiatry services from a hub site outside of an OMH licensed clinic, with a psychiatrist located in an office in close proximity to an OMH clinic.

Regulations at Issue:
14 NYCRR Section 599.17(b)(1)

Commissioner’s Decision:
The waiver is approved and is consistent with the provisions of 14 NYCRR Part 501, as it provides additional flexibility to better meet local service needs while maintaining program quality and integrity. OMH is promulgating a new regulation that expands the use of telepsychiatry in programs that choose to offer this service. When the regulation is adopted as final, this waiver will expire.

Date: June 27, 2016

Waiver Request:
Provider requested a waiver to extend the stay of a 10-year old boy by 15 days in order to limit transitions and provide the most appropriate level of care for the child.

Regulations at Issue:
14 NYCRR Section 588.9(a)(2)

Commissioner’s Decision:
The waiver is approved to extend the stay of this individual by 15 days in order to meet his clinical needs. This waiver applies solely to the treatment of this individual, and any further requests to waive this provision must be submitted to OMH.

Date: June 7, 2016

Waiver Request:
Provider requested a renewal waiver to allow commingling of adolescents and adults in eating disorder unit.

Regulations at Issue:
14 NYCRR Section 580.6(b)(4)

Commissioner’s Decision:
A one-year renewal 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 28, 2016

Waiver Request:
Provider requested a waiver to admit an 18-year old individual in need of treatment to a partial hospitalization program.

Regulations at Issue:
14 NYCRR Sections 587.12(g)(2) and 587.4(a)(2)

Commissioner’s Decision:
A time-limited waiver is approved until the individual’s 19th birthday or return to school, whichever occurs first.

Date: March 22, 2016

Waiver Request:
Provider requested a renewal waiver of specific billing and certification criteria to be able to continue to provide intensive psychiatric care and services to children.

Regulations at Issue:
14 NYCRR Sections 508.4(b), (c), (i), (l) and 508.5(b)(1)(i) and (b)(6)

Commissioner’s Decision:
Waiver is approved for a two-year period contingent upon several conditions: (1) provider’s successful completion of the re-certification process and maintenance of a valid Article 31 license; (2) provider’s continued development of performance metrics; and (3) provider’s submission of bi-annual reports to the Field Office that highlight ongoing activities with local government and managed care providers.

Date: January 14, 2016

Waiver Request:
Hospital requested a waiver with respect to staffing in a comprehensive psychiatric emergency program.

Regulations at Issue:
14 NYCRR Section 590.8(b)(1)

Commissioner’s Decision:
The waiver is approved for one year and is predicated on the development of a comprehensive plan to address staffing shortages. In receiving this waiver, the hospital must ensure that the rights, health and safety of clients will not be diminished and the best interests of the clients will continue to be served.