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Office of Mental Health

2017 OMH Regulation Waiver Decisions

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.

WAIVER DECISION

Date: December 21, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through October 31, 2019.

WAIVER DECISION

Date: December 20, 2017

Waiver Request:
Provider requested a waiver of the requirement to employ at least one full-time registered nurse in a crisis residence for youth.

Regulations at Issue:
14 NYCRR Section 594.12(g)

Commissioner’s Decision:
The waiver is approved through October 31, 2018. It has been determined that the rights, health and safety of youth will not be diminished by this waiver, because necessary and appropriate nursing services will be provided by nurses from other programs, which are in close proximity to the crisis residence.

WAIVER DECISION

Date: December 15, 2017

Waiver Request:
Provider requested a waiver of the requirement to employ at least one full-time registered nurse in a crisis residence for youth.

Regulations at Issue:
14 NYCRR Section 594.12(g)

Commissioner’s Decision:
The waiver is approved through December 31, 2018. It has been determined that the rights, health and safety of youth will not be diminished by this waiver, because necessary and appropriate nursing services will be provided by nurses from other programs, which are in close proximity to the crisis residence.

WAIVER DECISION

Date: December 5, 2017

Waiver Request:
Provider requested a waiver of the requirement to employ at least one full-time registered nurse in a crisis residence for youth.

Regulations at Issue:
14 NYCRR Section 594.12(g)

Commissioner’s Decision:
The waiver is approved through June 30, 2018. It has been determined that the rights, health and safety of youth will not be diminished by this waiver, because necessary and appropriate nursing services will be provided by nurses from other programs, which are in close proximity to the crisis residence.

WAIVER DECISION

Date: November 28, 2017

Waiver Request:
Provider requested a waiver of the requirement to employ at least one full-time registered nurse in a crisis residence for youth.

Regulations at Issue:
14 NYCRR Section 594.12(g)

Commissioner’s Decision:
The waiver is approved through May 31, 2019. It has been determined that the rights, health and safety of youth will not be diminished by this waiver, because necessary and appropriate nursing services will be provided by nurses from other programs, which are in close proximity to the crisis residence.

WAIVER DECISION

Date: November 28, 2017

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 approved as conditions have been met. Policies and procedures addressing patient safety were developed by provider and approved by OMH. Waiver is effective through June 12, 2018.

WAIVER DECISION

Date: November 28, 2017

Waiver Request:
Provider requested a waiver of specific billing and certification criteria in order to accomplish the innovative use of ACT for children.

This waiver will ensure effective services for children with high needs and severe emotional disturbances in their community. This intensive model is a community-based model which provides or arranges for services, treatment and support for families with children at risk for higher levels of psychiatric care for whom traditionally structured services have not met their needs.

Regulations at Issue:
14 NYCRR Sections 508.4 and 508.5

Commissioner’s Decision:
The waiver is approved through December 31, 2018.

WAIVER DECISION

Date: November 28, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through July 31, 2018.

WAIVER DECISION

Date: November 28, 2017

Waiver Request:
Provider requested a waiver to allow the use of telepsychiatry by a specific psychiatrist from a remote location.

Regulations at Issue:
14 NYCRR Section 596.5(a) and 14 NYCRR Section 596.6(a)(1)(v)

Commissioner’s Decision:
The waiver is approved and will allow for the identified NYS Medicaid licensed psychiatrist to work with patients through telepsychiatry from his remote location.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to allow one of their psychiatrists to be located at a non-Medicaid enrolled site within New York State.

Regulations at Issue:
14 NYCRR Section 596.6(a)(1)(v)

Commissioner’s Decision:
The waiver is approved through July 1, 2018.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: November 2, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through March 31, 2019.

WAIVER DECISION

Date: October 17, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through April 30, 2020.

WAIVER DECISION

Date: October 11, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through June 30, 2018.

WAIVER DECISION

Date: August 4, 2017

Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.

Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)

Commissioner’s Decision:
The waiver is approved through October 31, 2020

WAIVER DECISION

Date: April 27, 2017

Waiver Request:
Provider requested a waiver to place a 17-year old individual in an adult outpatient clinic.

Regulations at Issue:
14 NYCRR Section 599.1(b) and 14 NYCRR Section 599.1(c)

Commissioner’s Decision:
The waiver is approved to allow this particular individual to be placed in an Adult Outpatient Behavioral Health Clinic, despite his age, in order to receive the services that meet his needs. This individual will turn 18 on May 5, 2017, and will then be considered an adult. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.

WAIVER DECISION

Date: April 26, 2017

Waiver Request:
Provider requested a waiver to allow for a satellite clinic to take place in a specific room.

Regulations at Issue:
14 NYCRR Section 599.12

Commissioner’s Decision:
The waiver is approved to allow for the satellite clinic on site to take place in the 65.5 square feet room available. Although the regulation does not specify, the minimum size requirement for an individual therapy room in New York City is 70 square feet. There are no concerns regarding the room size diminishing the rights or the health and safety of clients.

WAIVER DECISION

Date: April 6, 2017

Waiver Request:
Provider requested a waiver to allow for the re-admittance of a particular individual.

Regulations at Issue:
14 NYCRR Section 594.8(a) and 14 NYCRR Section 594(b)(1)

Commissioner’s Decision:
The waiver is approved to allow for the re-admittance of one particular individual who had been discharged against the clinical treatment team’s advice and is now requesting to return. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.

WAIVER DECISION

Date: February 7, 2017

Waiver Request:
Provider requested to waive specific staffing requirements.

Regulations at Issue:
14 NYCRR Section 599.14(d)(1)(ii)(a) and 14 NYCRR Section 599.14(d)(5)

Commissioner’s Decision:
The waiver is approved to allow the identified primary physician with mental health training and experience to practice in lieu of a psychiatrist or nurse practitioner in psychiatry for the clinic in question, under consultation with the Medical Director.

WAIVER DECISION

Date: January 4, 2017

Waiver Request:
Provider requested a waiver to allow an individual’s return to a previous community residence until new housing can be located.

Regulations at Issue:
14 NYCRR Section 594.8(a) and 14 NYCRR Section 594(b)

Commissioner’s Decision:
The waiver is approved to allow for this individual to return to his previous Community Residence until an appropriate housing placement can be located. The individual will not stay past his 19th birthday. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.