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 16, 2020
Waiver Request:
Provider requested a time-limited extension of its waiver of the requirement for an 8-bed Children & Youth Community Residence to assign at least two direct care staff for overnight coverage.
Regulations at Issue:
14 NYCRR Section 594.11(i)
Commissioner’s Decision:
The waiver renewal was approved to allow the program to assign only one staff member for overnight coverage for up to another 30 days while recruiting more overnight staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will continue not go above 4 residents, and additional on-call staff continue to be available if needed.
Date: November 30, 2020
Waiver Request:
Provider requested to renew approval for a physician assistant to treat established adult clients at a clinic treatment program.
Regulations at Issue:
14 NYCRR Section 599.9
Commissioner’s Decision:
The request is approved as it has been determined that the needs of clients at this clinic will continue to be best served by receiving psychiatric services from this experienced physician assistant who has adequate and appropriate supervision by a psychiatrist.
Date: November 23, 2020
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 November 23, 2023.
Date: November 23, 2020
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 November 23, 2023.
Date: November 16, 2020
Waiver Request:
Provider requested a time-limited waiver of the requirement for an 8-bed Children & Youth Community Residence to assign at least two direct care staff for overnight coverage.
Regulations at Issue:
14 NYCRR Section 594.11(i)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only one staff member for overnight coverage for up to 30 days while recruiting more overnight staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program's census will not go above 4 residents, and additional on-call staff are available if needed.
Date: November 13, 2020
Waiver Request:
Provider requested a waiver renewal 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 September 27, 2022.
Date: September 29, 2020
Waiver Request:
Provider requested a waiver renewal 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, 2022.
Date: August 7, 2020
Waiver Request:
Provider requested a waiver of the requirement for Children & Youth Community Residences to employ a full-time registered nurse.
Regulations at Issue:
14 NYCRR Section 594.11(d)
Commissioner’s Decision:
The waiver was approved to allow two Children & Youth Community Residences operated by the same agency to share one full-time registered nurse and one full-time licensed practical nurse. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: July 22, 2020
Waiver Request:
A waiver is required for the Children’s Mental Health Rehabilitation Services (CMHRS) Program to account for the continuing phase-in of available State Plan services under Children and Family Treatment and Support Services covered under the license.
Regulations at Issue:
14 NYCRR Section 511-2.5
Commissioner’s Decision:
This waiver, originally issued on September 24, 2019 and effective July 17, 2019 - July 17, 2020, allowed newly licensed CMHRS programs to ramp up service availability as further CMHRS providers were added across the state. OMH has recognized the need to extend the waiver. This extension applies to all OMH-licensed CMHRS programs and is effective July 17, 2020 - July 16, 2021, at which time OMH will reevaluate the need for the waiver.
Date: July 14, 2020
Waiver Request:
Provider requested approval for a non-psychiatric physician to continue treating new and existing adult clients at a clinic treatment program.
Regulations at Issue:
14 NYCRR Section 599.9
Commissioner’s Decision:
The request is approved as it has been determined that the needs of clients at this clinic will be best served by continuing to receive psychiatric services from this experienced physician, along with psychiatrists and a psychiatric nurse practitioner. The physician will continue to have adequate and appropriate supervision by a psychiatrist.
Date: June 16, 2020
Waiver Request:
Provider requested to renew approval of a physician assistant to provide psychiatric services to adults at a satellite of a clinic treatment program.
Regulations at Issue:
14 NYCRR Section 599.9
Commissioner’s Decision:
The request is approved as it has been determined that the needs of clients at this site will be best served by continuing to receive psychiatric services from this experienced physician assistant, along with a psychiatrist. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.
Date: June 15, 2020
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 needs of the individual. The waiver pertains solely to the admission of this individual.
Date: June 9, 2020
Waiver Request:
Provider requested to approve a psychiatric nurse practitioner to provide Clinical Treatment services to adults at its two PROS programs in lieu of a psychiatrist.
Regulations at Issue:
14 NYCRR Section 512.7(d)(7)(iv)(a) and 512.7(d)(7)(v)(a)
Commissioner’s Decision:
The request is approved as it has been determined that the waiver will enable the PROS programs to meet their participants’ clinical needs in the same settings as other PROS services. The psychiatric nurse practitioner has adequate and appropriate supervision by a psychiatrist.
Date: June 9, 2020
Waiver Request:
Provider requested to approve a psychiatric nurse practitioner to provide Clinical Treatment services to adults at its two PROS programs in lieu of a psychiatrist.
Regulations at Issue:
14 NYCRR Section 512.7(d)(7)(iv)(a) and 512.7(d)(7)(v)(a)
Commissioner’s Decision:
The request is approved as it has been determined that the waiver will enable the PROS programs to meet their participants’ clinical needs in the same settings as other PROS services. The psychiatric nurse practitioner has adequate and appropriate supervision by a psychiatrist.
Date: March 19, 2020
Waiver Request:
Provider requested a waiver renewal 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 January 31, 2023.
Date: March 19, 2020
Waiver Request:
Provider requested a waiver renewal 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 November 30, 2022.
Date: February 26, 2020
Waiver Request:
Provider requested to renew 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, 2021.
Date: February 26, 2020
Waiver Request:
Provider requested approval for a non-psychiatric physician to continue treating new and existing adult clients at a clinic treatment program.
Regulations at Issue:
14 NYCRR Section 599.9(a)
Commissioner’s Decision:
The request is approved as it has been determined that the needs of clients at this clinic will be best served by continuing to receive psychiatric services from this experienced physician, along with a psychiatrist and a psychiatric nurse practitioner. The physician will continue to have adequate and appropriate supervision by a psychiatrist.
Date: February 5, 2020
Waiver Request:
Provider requested a waiver renewal 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, 2022.
Date: February 5, 2020
Waiver Request:
Provider requested a waiver renewal 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, 2022.
Date: January 17, 2020
Waiver Request:
Provider requested a waiver renewal 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, 2022.
Date: January 8, 2020
Waiver Request:
Provider requested to approve two psychiatric nurse practitioners to provide Clinical Treatment services to adults at a PROS program in lieu of a psychiatrist.
Regulations at Issue:
14 NYCRR Section 512.7(d)(7)(iv)(a) and 512.7(d)(7)(v)(a)
Commissioner’s Decision:
The request is approved as it has been determined that the waiver will enable the PROS program to meet its participants’ clinical needs in the same setting as other PROS services. The psychiatric nurse practitioners will have adequate and appropriate supervision by a psychiatrist.