SSection 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: September 21, 2023
Waiver Request:
Provider requested a waiver to operate eight Extended Observation Beds (EOBs) at its Comprehensive Psychiatric Emergency Program (CPEP) site, exceeding the regulatory limit by two beds.
Regulations at Issue:
14 NYCRR Section 590.7(b)(9)
Commissioner's Decision:
The waiver is approved through September 30, 2025.
Date: September 13, 2023
Waiver Request:
First time waiver request of 14 NYCRR Part 595.15(b)(1)(i)(a) for a Community Residence to waive bedroom space requirements for single and multiple resident bedrooms.
Regulations at Issue:
14 NYCRR Part 595.15(b)(1)(i)(a)
Commissioner's Decision:
The waiver is approved through March 31, 2024.
Date: August 1, 2023
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. This waiver is in effect until August 1st, 2024, at which time reassessment of the need for the waiver will occur
Regulations at Issue:
14 NYCRR Section 594-11(h)
Commissioner's Decision:
This waiver was originally issued from May 1st, 2022 through May 1st, 2023, then renewed from May 1st, 2023 through August 1st, 2023. OMH continues to recognize the need to extend this waiver. This extension has been granted with the discontinuation of the previous allowance of direct care staffing ratios where one staff is on duty with a set number of youth. This extension applies to all OMH licensed Children’s Community Residence Programs and is effective through August 1st, 2024, at which time OMH will reevaluate the need for the waiver.
Date: July 5, 2023
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: July 3, 2023
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 initially issued on September 20, 2019, and subsequently renewed on July 22, 2020, July 20, 2021; and July 13, 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, 2024, at which time OMH will reevaluate the need for the waiver.
Date: June 28, 2023
Waiver Request:
Provider requested renewal of waiver to allow 2 Psychiatric Nurse Practitioners in lieu of psychiatrist at PROS program.
Regulations at Issue:
14 NYCRR Section 512.7 (d)(iv)(a) and (v)(a)
Commissioner's Decision:
The waiver is approved through February 28th, 2026.
Date: June 23, 2023
Waiver Request:
Waiver request for an agency to retain a 19-year-old in their Children’s Community Residence
Regulations at Issue:
14 NYCRR Part 594.8 (i)
Commissioner's Decision:
The waiver is approved through August 31, 2023.
Date: June 9, 2023
Waiver Request:
First time waiver to temporarily waive the certified capacity of residential program should not be exceeded requirement.
Regulations at Issue:
14 NYCRR Part 595.5(f)
Date: May 1, 2023
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 August 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 was originally issued from May 1st, 2022 through May 1st, 2023. OMH continues to recognize the need to extend the waiver. This extension applies to all OMH licensed Children’s Community Residence Programs and is effective through August 1st, 2023, at which time OMH will reevaluate the need for the waiver.
Date: April 14, 2023
Waiver Request:
Provider requested approval for physician assistants to treat children, adolescents, or adults at a Clinic Treatment Program.
Regulations at Issue:
14 NYCRR Sections 599.9(b)(2)
Date: April 14, 2023
Waiver Request:
Provider requested a renewal waiver for physician assistants to treat children, adolescents, or adults at a Clinic Treatment Program.
Regulations at Issue:
14 NYCRR Sections 599.9(b)(2)
Date: April 6, 2023
Waiver Request:
Provider requested a waiver to allow commingling of an 18 year old in an adolescent partial hospitalization program
Regulations at Issue:
14 NYCRR Sections 587.12(g)(2)
Date: February 1, 2023
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.