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 14, 2022
Waiver Request:
RTF to retain a 21-year-old.
Regulations at Issue:
14 NYCRR Sections 584.7(d)
Date: October 4, 2022
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: September 16, 2022
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)
Date: September 7, 2022
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
Date: August 1, 2022
Waiver Request:
Provider requested to waive requirements for clinics approved to offer Integrated Outpatient Services - Substance Use Disorder, including required services, staffing, utilization review, eligibility, admission, and billing criteria, at a clinic treatment satellite.
Regulations at Issue:
14 NYCRR Section 598.9(c)(3)(ii)(a)(b), 14 NYCRR Section 598.9(c)(4)(iii), 14 NYCRR Section 598.11(a)(2)(iii)(e), 14 NYCRR Section 598.12(c)(2) (i)(a)(b)(c)(d), 14 NYCRR Section 599.8(a), 14 NYCRR Section 599.14(d)(1), and 14 NYCRR Section 599.14(f)
Date: July 22, 2022
Waiver Request:
Provider requested a waiver of the requirements for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least two direct care staff for weekend overnight coverage and at least three direct care staff for coverage during weekend peak times.
Regulations at Issue:
14 NYCRR Sections 594.11(h) and 594.11(i)
Commissioner’s Decision:
The waiver is approved from April 29, 2022 through October 31, 2022 to allow the program to assign one staff member from 6PM on Fridays to 6PM on Sundays when only one youth is at the residence, while recruiting more 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.
Date: July 17, 2022
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 was originally issued from July 17, 2019 - July 17, 2020 and extended twice, first through July 16, 2021 and again through July 17, 2022. The waiver allowed newly licensed CMHRS programs to ramp up service availability as further CMHRS providers were added across the state. Once again, OMH has recognized the need to extend the waiver. This extension applies to all OMH-licensed CMHRS programs and is effective through July 17, 2023, at which time OMH will reevaluate the need for the waiver.
Date: July 7, 2022
Waiver Request:
Provider requested a waiver of the maximum capacity of 8 beds at an adolescent Community Residence for Eating Disorder Integrated Treatment (CREDIT) program.
Regulations at Issue:
14 NYCRR Section 594.5(g)(2)
Date: June 28, 2022
Waiver Request:
Provider requested to approve a psychiatric nurse practitioner 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)
Date: June 22, 2022
Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service in two programs.
Regulations at Issue:
14 NYCRR Sections 599.13(e) and 599.14(c)
Date: June 16, 2022
Waiver Request:
Provider requested to approve three (3) 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)
Date: June 6, 2022
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: May 31, 2022
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)
Date: May 16, 2022
Waiver Request:
Provider requested a waiver to allow an individual who just turned 18 to be admitted to a Children and Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.8(b)(1)
Commissioner’s Decision:
The request was approved. It was determined that the rights, health and safety of residents would not be diminished by this approval.
Date: May 1, 2022
Waiver Request:
In the midst of significant staff recruitment and retention challenges a waiver is required for the Children’s Community Residence Programs to assign staff to direct care based on the number of recipients in residence for peak shifts and the number of admitted recipients for overnight shifts. This waiver is in effect until May 1st 2023, at which time reassessment of the need for the waiver will occur.
Regulations at Issue:
14 NYCRR Section 594-11(h)
14 NYCRR Section 594-11(i)
Commissioner’s Decision:
This waiver applies to all OMH-licensed Children’s Community Residence Programs and is effective through May 1st, 2023, at which time OMH will reevaluate the need for the waiver.
Date: April 29, 2022
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)
Date: April 29, 2022
Waiver Request:
Provider has applied to establish a new Clinic Treatment program offering Integrated Outpatient Services (IOS). Provider is requesting to waive the requirement for the proposed program to be licensed and in good standing with the Office of Mental Health for six months before applying to offer IOS.
Regulations at Issue:
14 NYCRR Section 598.14(c)(3)(i)
Date: April 21, 2022
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 20, 2025.
Date: April 21, 2022
Waiver Request:
Provider requested a second renewal of its waiver of the maximum capacity of 8 beds at an adolescent Community Residence for Eating Disorder Integrated Treatment (CREDIT) program.
Regulations at Issue:
14 NYCRR Section 594.5(g)(2)
Commissioner’s Decision:
The waiver is approved. It has been determined that the rights, health and safety of youth will not be diminished by renewing this waiver.
Date: April 21, 2022
Waiver Request:
Provider requested to renew its waiver of the requirement for a Community Residence for Eating Disorder Integrated Treatment (CREDIT) program to be affiliated with an entity designated by the NYS Department of Health as a Comprehensive Care Center for Eating Disorders (CCCED).
Regulations at Issue:
14 NYCRR Section 595.12(g)(1)
Commissioner’s Decision:
The waiver was approved to allow the CREDIT program to continue operating without an affiliation agreement with the regional CCCED. The program continues to be required to collaborate and communicate with the County and the CCCED. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: April 21, 2022
Waiver Request:
Provider requested a waiver of the requirement for a Community Residence for adults with eleven beds to maintain a three-bedded room.
Regulations at Issue:
14 NYCRR Section 595.(b)(1)(i)(a)
Commissioner’s Decision:
The waiver is approved. It has been determined that the rights, health and safety of residents will not be diminished by renewing this waiver.
Date: March 18, 2022
Waiver Request:
Provider requested a fifth time-limited waiver of the requirement for a Children & Youth Community Residence with eight beds to assign at least three direct care staff for weekend and holiday coverage.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members on weekends and holidays for an additional 90 days, while recruiting more 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 6 residents, and additional on-call staff are available if needed.
Date: March 8, 2022
Waiver Request:
Provider requested to extend its time-limited waiver of the requirement for a Children & Youth Community Residence with eight beds to assign at least three direct care staff for weekend and holiday coverage.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members on weekends and holidays for an additional six months, while recruiting more 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 6 residents, and additional on-call staff are available if needed.
Date: February 22, 2022
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 from January 1, 2022 through June 30, 2022.
Date: February 22, 2022
Waiver Request:
Provider requested a sixth 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 an additional six months while recruiting more 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 6 residents, and additional on-call staff are available if needed.
Date: February 22, 2022
Waiver Request:
Provider requested a fourth time-limited waiver of the requirement for a Children & Youth Community Residence to assign at least three direct care staff for coverage during peak times.
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 an additional six months while recruiting more 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 6 residents, and additional on-call staff are available if needed.
Date: February 8, 2022
Waiver Request:
Provider requested a waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.11(i)
Commissioner’s Decision:
The request was approved to allow this individual to remain at the residence for up to 60 days past their 19th birthday. It was determined that the rights, health and safety of residents would not be diminished by this approval.
Date: February 4, 2022
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: January 21, 2022
Waiver Request:
Provider has applied to establish a new Clinic Treatment program offering Integrated Outpatient Services - Substance Use Disorder. Provider requested a waiver of the requirement for the program to have at least a one-year operating certificate from the Office of Mental Health at the time of IOS-SUD approval.
Regulations at Issue:
14 NYCRR Section 598.14(c)(3)(i)
Commissioner’s Decision:
The waiver was approved, as the provider has operated multiple programs for many years in good standing with the Office of Mental Health (OMH) and the Office of Addiction Services and Supports (OASAS).
Date: January 20, 2022
Waiver Request:
Provider requested to renew approval for a physician assistant to treat established child and adolescent clients at a clinic treatment program.
Regulations at Issue:
14 NYCRR Section 599.9
Date: January 19, 2022
Waiver Request:
Provider requested a waiver of age criteria for admissions and discharges at a Children & Youth Community Residence, in order to admit and retain residents ages 18-20.
Regulations at Issue:
14 NYCRR Sections 594.4(2)(i), 594.8(b)(1), 594.8(i)
Commissioner’s Decision:
The request was approved to allow the provider to participate in an OMH initiative to pilot a Children & Youth Community Residence model serving young people who are transitioning into adulthood. It was determined that the rights, health and safety of residents would not be diminished by this approval.