New York State Office of Mental Health (OMH)
Waiver Request Pursuant to Part 501 of Title 14 New York Codes, Rules and Regulations (NYCRR)
Section 501.3(a)(7) of Title 14 NYCRR requires the Office of Mental Health to post requests for waivers, and the Commissioner’s decision regarding those requests, on the Office’s website. They are as follows:
Date: December 14, 2022
Waiver Request:
- RTF to retain a 21-year-old.
Regulations at Issue:
- 14 NYCRR Sections 584.7(d)
Commissioner’s Decision:
- Pending
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)
Commissioner’s Decision:
- Pending
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
Commissioner’s Decision:
- Pending
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)
- 14 NYCRR Section 599.14(f)
Commissioner’s Decision:
- Pending
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)
Commissioner’s Decision:
- Pending
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)
Commissioner’s Decision:
- Pending
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)
Commissioner’s Decision:
- Pending
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)
Commissioner’s Decision:
- Pending
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)
Commissioner’s Decision:
- Pending
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: 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)
Commissioner’s Decision:
- Pending
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)
Commissioner’s Decision:
- Pending
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(h)
Commissioner’s Decision:
- The waiver was approved to allow the program to assign only two staff members for peak times 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 594.8(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: 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
Commissioner’s Decision:
- Pending
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 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.
Date: December 23, 2021
Waiver Request:
- Provider requested to renew its waiver to allow a psychiatric nurse practitioner to continue providing 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 practitioner will continue to have adequate and appropriate supervision by a psychiatrist.
Date: December 23, 2021
Waiver Request:
- Provider requested a waiver of the maximum capacity of 8 beds at a proposed 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 for six months following anticipated approval of the provider’s EZ PAR application to open a CREDIT program with 12 beds. It has been determined that the rights, health and safety of youth will not be diminished by this waiver.
Date: December 3, 2021
Waiver Request:
- Provider requested to extend its time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times, but only for weekends and holidays, as the program no longer needs a waiver to comply with the regulation on weekdays.
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: December 3, 2021
Waiver Request:
- Provider requested a third extension of its time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
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 for peak times coverage 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: November 18, 2021
Waiver Request:
- Provider requested a waiver to offer an Intensive Outpatient Program level of service.
Regulations at Issue:
- 14 NYCRR Sections 599.13(e)(2)
Commissioner’s Decision:
- The waiver is approved through January 31, 2024.
Date: November 3, 2021
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 3, 2024.
Date: October 13, 2021
Waiver Request:
- Provider requested approval for a physician assistant to treat existing adult clients at a Clinic Treatment program.
Regulations at Issue:
- 14 NYCRR Section 599.9(d)
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 adding this physician assistant to its roster of psychiatrists and psychiatric nurse practitioners. The physician assistant will treat established adult clients who have received at least an initial psychiatric evaluation from one of the program’s psychiatrists or psychiatric nurse practitioners and will have adequate and appropriate supervision by a psychiatrist.
Date: September 16, 2021
Waiver Request:
- Provider requested a second renewal of its waiver to allow the continued operation of six additional Extended Observation Beds (EOBs) at its Comprehensive Psychiatric Emergency Program (CPEP).
Regulations at Issue:
- 14 NYCRR Section 590.7(b)(9)
Commissioner’s Decision:
- The waiver is approved through August 31, 2024. The additional EOBs have provided flexibility in the provision of care. The hospital will continue to have the ability to adjust the level of care to one that is appropriate and most beneficial for each patient's needs.
Date: August 30, 2021
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 30, 2022.
Date: August 23, 2021
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 594.8(i)
Commissioner's Decision:
- The request was approved to allow this individual to remain at the residence from their 19th birthday until their discharge date less than four months later. It was determined that the rights, health and safety of residents would not be diminished by this approval.
Date: August 23, 2021
Waiver Request:
- Provider requested to extend its time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
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 for peak times coverage through October 31, 2021 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.
Date: August 23, 2021
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 August 23, 2024.
Date: August 13, 2021
Waiver Request:
- Provider requested a waiver of the requirement for a Children & Youth Community Residence with eight beds 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 through November 3, 2021 while recruiting 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.
Date: August 13, 2021
Waiver Request:
- Provider requested a time-limited extension of its initial waiver of the requirement for a Children & Youth Community Residence with eight beds to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
- 14 NYCRR Section 594.11(h)
Commissioner's Decision:
- The waiver renewal was approved to allow the program to assign only two staff members during peak times through November 3, 2021 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: August 13, 2021
Waiver Request:
- Provider requested a fourth time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed 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 through November 30, 2021 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.
Date: August 13, 2021
Waiver Request:
- Provider requested a second time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
- 14 NYCRR Section 594.11(h)
Commissioner's Decision:
- The waiver renewal was approved to allow the program to assign only two staff members during peak times through November 30, 2021 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 27, 2021
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 27, 2024.
Date: July 20, 2021
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:
- OMH originally issued this waiver on 9/24/19, effective for one year from 7/17/19 - 7/17/20. In 2020, OMH recognized the need to extend the time available for CMHRS providers to develop their capacity, and renewed the waiver from 7/17/20 - 7/16/21. The waiver has continued to allow newly licensed CMHRS programs to ramp up service availability as further CMHRS providers have been added across the state, and OMH recognizes the need tof renew the waiver again for all OMH-licensed CMHRS programs. This waiver is effective 7/17/21 - 7/16/22, at which time OMH will reevaluate the need for the waiver.
Date: August 2, 2021
Waiver Request:
- Provider requested to renew its waiver to continue allowing two 3-bedded rooms in a Community Residence for Eating Disorder Integrated Treatment (CREDIT) program for adults.
Regulations at Issue:
- 14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
- The application to renew the waiver of the two person per room limitation is approved for one of the two bedrooms and is disapproved for the other, as the City had recently determined that the latter room did not meet zoning requirements.
Date: June 22, 2021
Waiver Request:
- Three County providers requested to conduct a pilot program to allow their three Clinic Treatment programs to hire Physician Assistants to provide psychiatric services under specific conditions without OMH’s review and approval of the qualifications of each candidate.
Regulations at Issue:
- 14 NYCRR Section 599.9(b)(11)(d)
Commissioner’s Decision:
- Pending
Date: July 19, 2021
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, 2024.
Date: July 13, 2021
Waiver Request:
- Provider requested the specific approval of the Office of Mental Health to allow one 4-bedded room in a Community Residence for Eating Disorder Integrated Treatment (CREDIT) program for adults. Such approval would be necessary for the Office of Mental Health to approve the PAR Application to open the proposed program with 12 beds.
Regulations at Issue:
- 14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
- The provider failed to provide adequate documentation demonstrating that the criteria set forth at 14 NYCRR Part 501.3(a)(2) were met with respect to the requested waiver of the two person per room limitation. Since such a showing is required by 14 NYCRR Part 501.3(a)(4), the application for a waiver of the two person per room limitation is disapproved.
Date: July 12, 2021
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 594.8(i)
Commissioner’s Decision:
- The request was approved to allow a second extension of the waiver of a particular individual, for another seven days past the first extension’s expiration date, to allow time to transition them to adult housing. It was determined that the rights, health and safety of residents would not be diminished by this approval.
Date: May 20, 2021
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 594.8(i)
Commissioner’s Decision dated June 1, 2021:
- The waiver was approved to allow the extended stay of a particular individual through June 30, 2021 to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: May 19, 2021
Waiver Request:
- Provider requested a waiver of the requirement for a partial hospitalization program to provide services to adults and youth separately.
Regulations at Issue:
- 14 NYCRR Section 587.12(g)(2)
Commissioner’s Decision dated June 4, 2021:
- The waiver was approved to allow a particular individual to attend adult groups shortly before they reached the age of 18, in order to receive treatment with a developmentally appropriate peer group. It has been determined that the rights, health and safety of patients will not be diminished by this approval.
Date: May 19, 2021
Waiver Request:
- Provider requested a 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 dated June 2, 2021:
- The waiver was approved to allow a proposed CREDIT program currently under EZ PAR consideration to operate without an affiliation agreement with the regional CCCED. If the provider is issued final approval on its application and receives an operating certificate, the program will 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: May 7, 2021
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 594.8(i)
Commissioner’s Decision Dated May 28, 2021:
- The waiver was approved to allow the extended stay of a particular individual, for up to one year past their 19th birthday, to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: May 6, 2021
Waiver Request:
- Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds to assign at least three direct care staff for coverage during peak times.
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 for peak times coverage for up to 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: April 29, 2021
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 29, 2024.
Date: April 27, 2021
Waiver Request:
- Provider requested a time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed 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 90 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: April 27, 2021
Waiver Request:
- Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
- 14 NYCRR Section 594.11(h)
Commissioner's Decision:
- The waiver renewal was approved to allow the program to assign only two staff members for peak times coverage 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 4 residents, and additional on-call staff are available if needed.
Date: 4/21/21
Waiver Request:
- Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
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 for peak times coverage for up to 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: 6/24/19
Waiver Request:
- Provider requested to renew 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 through December 31, 2021. It has been determined that the rights, health and safety of youth will not be diminished by renewing this waiver.
Date: March 26, 2021
Waiver Request:
- Provider requested to extend its waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
- 14 NYCRR Section 594.8(i)
Commissioner's Decision:
- The waiver was approved to allow the extended stay of a particular individual, for approximately 5.5 months past their 19th birthday, to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: March 22, 2021
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 22, 2024.
Date: February 23, 2021
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 February 23, 2024.
Date: February 11, 2021
Waiver Request:
- Provider requested a time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed 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 renewed to allow the program to assign only one staff member for overnight coverage for an additional 90 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: February 11, 2021
Waiver Request:
- Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
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 for peak times coverage for up to 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 4 residents, and additional on-call staff are available if needed.
Date: January 29, 2021
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 594.8(i)
Commissioner's Decision:
- The waiver was approved to allow the extended stay of a particular individual, for approximately 2.5 months past their 19th birthday, to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: January 22, 2021
Waiver Request:
- Provider requested approval for a physician assistant to treat 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 receiving psychiatric services from this experienced physician assistant, along with psychiatrists and psychiatric nurse practitioners. The physician assistant will have adequate and appropriate supervision by a psychiatrist.
Date: January 19, 2021
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 19, 2024.
Date: January 19, 2021
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 October 3, 2022.
Date: January 5, 2021
Waiver Request:
- Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
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 for peak times coverage for up to 60 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.
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 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 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 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 participants’ clinical needs in the same setting 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.
Date: December 18, 2019
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 20, 2019
Waiver Request:
- Hospital requested approval to allow psychiatric nurse practitioners (NPPs) to perform and bill Medicaid for Brief Emergency Visits in its CPEP.
Regulations at Issue:
- 14 NYCRR Sections 590.4, 590.9, 591.3, and 591.4
Commissioner's Decision:
- The waivers are approved as it has been determined that they will enable the CPEP to see patients far more expeditiously, as an NPP can treat and discharge patients who only need medication or other brief services without requiring those patients to wait to see a psychiatrist. All NPPs hired at the CPEP will work under the supervision of the psychiatrist onsite at the CPEP. NPPs who are qualified and competent to treat youth, per the hospital’s new policy for NPPs in the CPEP, will be able to do so.
Date: October 28, 2019
Waiver Request:
- Provider requested approval for a physician assistant to treat 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 receiving psychiatric services from this experienced physician assistant, along with a psychiatrist and a psychiatric nurse practitioner. The physician assistant will have adequate and appropriate supervision by a psychiatrist.
Date: September 24, 2019
Waiver Request:
- A Waiver is required for the new Children’s Mental Health Rehabilitation Services (CMHRS) Program to account for the 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:
- The waiver was approved to recognize that licensed CMHRS programs may not be able to make all services available under the license due to a phase in of services and the expectation of the need for growth and availability of services on a statewide basis. This waiver, applying to all OMH licensed CMHRS programs, is effective beginning July 17, 2019 and is valid until July 17, 2020; at which time OMH will reevaluate the need for the waiver.
Date: September 16, 2019
Waiver Request:
- Provider received approval on June 3, 2019 for a physician assistant to primarily treat established adult clients and occasionally new adult clients, at both of its clinic treatment programs. Provider requested an amendment to that approval, to allow the physician assistant to treat new and established adolescent and adult clients ages 15 and up.
Regulations at Issue:
- 14 NYCRR Section 599.9
Commissioner's Decision:
- The amendment is approved as it has been determined that the physician assistant has the experience and clinical supervision needed to treat new and established clients ages 15 and up at the two clinics.
Date: August 28, 2019
Waiver Request:
- Provider requested to renew approval for a physician assistant to treat 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: July 15, 2019
Waiver Request:
- Provider requested a waiver of the discharge age criteria for a Children & Youth Community Residence.
Regulations at Issue:
- 14 NYCRR Section 594.8(a) and 594.8(i)
Commissioner’s Decision:
- The waiver was approved to allow the extended stay of a particular individual, one week past his 19th birthday, until the next identified placement was available for his transition, in October 2018. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.
Date: July 10, 2019
Waiver Request:
- Provider requested a renewal waiver to allow commingling of adolescents and adults in an eating disorder unit.
Regulations at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner's Decision:
- A 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. The waiver is effective for 10 months, through the renewal date of the operating certificate.
Date: July 10, 2019
Waiver Request:
- Provider requested to approve four 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, until the provider can recruit a psychiatrist to replace the PROS psychiatrist who recently resigned. The psychiatric nurse practitioners will have adequate and appropriate supervision by a psychiatrist.
Date: June 25, 2019
Waiver Request:
- Provider requested approval of a family nurse practitioner (FNP), who has a federal waiver to prescribe buprenorphine in office-based settings, to provide psychiatric and physical health services in addition to continuing to provide Medication Assisted Treatment (MAT) to OASAS clients through the Integrated Outpatient Service of Substance Use Disorder (lOS-SUD) at a county-operated clinic treatment program.
Regulations at Issue:
- 14 NYCRR Section 599.9(d)
Commissioner's Decision:
- The provider was informed that OMH has no objection to the FNP continuing to provide MAT at the clinic, and the clinic may increase this FNP’s hours to provide MAT and physical health services only.
Date: June 20, 2019
Waiver Request:
- Provider requested to approve a physician assistant to treat 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 receiving backup psychiatric services from this experienced physician assistant, who is also the clinic’s director. The physician assistant has adequate and appropriate supervision by a psychiatrist.
Date: June 17, 2019
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)
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, following the resignation of the program’s psychiatrist, until the provider can recruit a new psychiatrist. The psychiatric nurse practitioner will have adequate and appropriate supervision by a psychiatrist.
Date: June 17, 2019
Waiver Request:
- Provider requested a waiver to allow the Mobile Crisis Team to connect with a psychiatrist located at a distance via telepsychiatry to augment clinical decision-making.
Regulations at Issue:
- 14 NYCRR Section 597(b)(1)
Commissioner’s Decision:
- The waiver is approved through August 31, 2020.
Date: June 17, 2019
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 December 31, 2019.
Date: June 4, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through September 30, 2021.
Date: June 4, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through September 30, 2021.
Date: June 3, 2019
Waiver Request:
- Provider requested to renew approval of a physician assistant to provide psychiatric services, primarily to established adult clients and occasionally new adult clients, at one of its clinic treatment programs. Provider also requested initial approval for the same physician assistant to provide psychiatric services to the same population at its other clinic treatment program.
Regulation 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 the two clinics will be best served by continuing to receive psychiatric services from this experienced physician assistant, along with psychiatrists, psychiatric nurse practitioners, and other physician assistants. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.
Date: June 3, 2019
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, 2022.
Date: June 3, 2019
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, 2022.
Date: June 3, 2019
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, 2022.
Date: June 3, 2019
Waiver Request:
- Provider requested to renew approval of a physician assistant to provide psychiatric services to new and established clients ages 15 and up at a clinic treatment program.
Regulation at Issue:
- 14 NYCRR Section 599.9
Commissioner’s Decision:
- The request is approved as it has been determined that the needs of adolescents and adults at this clinic will be best served by continuing to receive psychiatric services from this experienced physician assistant, along with psychiatrists, psychiatric nurse practitioners, and other physician assistants. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.
Date: June 3, 2019
Waiver Request:
- Provider requested to renew approval of a physician assistant to provide psychiatric services to new and established clients of all ages at a clinic treatment program.
Regulation 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 assistant, along with psychiatrists, psychiatric nurse practitioners, and other physician assistants. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.
Date: May 10, 2019
Waiver Request:
- Provider requested to approve a physician assistant to provide psychiatric services to patients in a clinic treatment program.
Regulation at Issue:
- 14 NYCRR Section 599.9
Commissioner’s Decision:
- The request is approved as it has been determined that the needs of patients at this clinic treatment program will be best served by allowing this physician assistant to provide psychiatric services to established adult patients, along with a psychiatrist and a psychiatric nurse practitioner. The physician assistant will receive adequate and appropriate clinical supervision and consultation by a psychiatrist.
Date: May 2, 2019
Waiver Request:
- Provider requested the specific approval of the Office of Mental Health to allow two 3-bedded rooms in a Community Residence for Eating Disorder Integrated Treatment (CREDIT) program for adults. Such approval is necessary for the Office of Mental Health to approve the pending PAR Application to open the proposed program.
Regulation at Issue:
- 14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
- The request is approved as the bedroom space per resident is adequate, and it has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: April 30, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through June 30, 2021.
Date: April 30, 2019
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 1, 2022.
Date: April 4, 2019
Waiver Request:
- Provider requested a waiver to allow various practitioners to deliver services via telepsychiatry to clients at their home location or other clinically appropriate community location.
Regulations at Issue:
- 14 NYCRR Section 596.5(a) and 596.7(b)(1)(2)(3), and (5).
Commissioner’s Decision:
- The waiver is approved through November 30, 2020.
Date: April 4, 2019
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 August 31, 2021.
Date: April 4, 2019
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, 2021.Date: March 13, 2019
Waiver Request:
- Provider requested a waiver of a Medicaid reimbursement requirement for a Comprehensive PROS program.
Regulation at Issue:
- 14 NYCRR Section 512.11(f)(3)(ii)
Commissioner’s Decision:
- The waiver request is approved as it has been determined that the needs of participants at this PROS program will be best served by removing the clinical treatment component of the PROS program and receiving clinical treatment at the provider’s clinic treatment program.
Date: February 28, 2019
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 February 28, 2022.
Date: February 26, 2019
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 599.6(l)(2)(i)(ii)
- 14 NYCRR Section 599.8(a)
- 14 NYCRR Section 599.14(f)(1)
Commissioner’s Decision:
- The request to waive Section 599.6(l)(2)(i)(ii) is disapproved as it has been determined that OMH is unable to deviate from our determination that a review of the need for continued treatment in a clinic treatment program within seven months after admission and every six months thereafter is required.
- The request to waive all other referenced regulations is approved in furtherance of the unique model and acute nature of services to be provided. The provider will use an innovative approach to provide immediate access to integrated mental health and substance use disorder services during extended hours, with the intent to divert unnecessary hospital emergency department presentations.
Date: February 26, 2019
Waiver Request:
- Provider requested to renew a waiver to allow commingling of adolescents and adults in an early psychosis unit.
Regulations at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
- The request is approved as the hospital has continued to meet conditions related to staffing, assessment, therapeutic programming, and patient safety in a commingled setting.
Date: February 26, 2019
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: February 22, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through January 31, 2022.
Date: February 22, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through January 31, 2022.
Date: February 22, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through January 31, 2022.
Date: February 22, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through January 31, 2022.
Date: February 22, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through January 31, 2022.
Date: February 13, 2019
Waiver Request:
- Provider requested a waiver to place a 17-year-old in an adult outpatient clinic.
Regulations at Issue:
- 14 NYCRR Section 599.1(b)
- 14 NYCRR Section 599.1(c)
Commissioner’s Decision:
- The waiver is approved to allow this particular individual to be placed in a satellite of an Adult Outpatient Behavioral Health Clinic, despite her age, in order to receive the services that meet her needs. This individual will turn 18 in August 2019, 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.
Date: February 13, 2019
Waiver Request:
- Provider requested to renew 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 January 31, 2022. 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 continue to be provided by nurses from other programs, which are in close proximity to the crisis residence.
Date: February 6, 2019
Waiver Request:
- Provider requested a waiver to allow one of their psychiatrists to deliver services via telepsychiatry from their home offices in New York and California.
Regulations at Issue:
- 14 NYCRR Section 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through February 29, 2020.
Date: February 6, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through April 30, 2020.
Date: February 6, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through April 30, 2020.
Date: February 6, 2019
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through April 30, 2020.
Date: February 6, 2019
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, 2019.
Date: February 6, 2019
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 30, 2019.
Date: February 6, 2019
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)
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, following unsuccessful efforts to recruit a psychiatrist. The psychiatric nurse practitioner will have adequate and appropriate supervision by a psychiatrist.
Date: February 6, 2019
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)
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, following unsuccessful efforts to recruit a psychiatrist. The psychiatric nurse practitioner will have adequate and appropriate supervision by a physician with experience in behavioral health, as well as access to a psychiatrist for consultation.
Date: January 24, 2019
Waiver Request:
- HCBS Waiver Individualized Care Coordination (ICC) Agency requested to waive the requirement for licensure in order to provide Other Licensed Practitioner (OLP) and Community Psychiatric Supports and Treatment (CPST) services to assure continuity of care for Waiver-enrolled children.
Regulations at Issue:
- 14 NYCRR Section 511.1(d)
Commissioner’s Decision:
- The request is approved as it has been determined that the waiver will enable the provider to continue to serve children enrolled in the OMH 1915c Waiver receiving comparable Home and Community Based Services (HCBS) as they transition to becoming State Plan Children and Family Treatment and Support Services (CFTSS) beginning January 1, 2019. The waiver will assure continued access to services and continuity of care, and will remain effective for up to 90 days after the Part 511.2 regulations are promulgated.
Date: January 24, 2019
Waiver Request:
- HCBS Waiver Individualized Care Coordination (ICC) Agency requested to waive the requirement for licensure in order to provide Other Licensed Practitioner (OLP) and Community Psychiatric Supports and Treatment (CPST) services to assure continuity of care for Waiver-enrolled children.
Regulations at Issue:
- 14 NYCRR Section 511.1(d)
Commissioner’s Decision:
- The request is approved as it has been determined that the waiver will enable the provider to continue to serve children enrolled in the OMH 1915c Waiver receiving comparable Home and Community Based Services (HCBS) as they transition to becoming State Plan Children and Family Treatment and Support Services (CFTSS) beginning January 1, 2019. The waiver will assure continued access to services and continuity of care, and will remain effective for up to 90 days after the Part 511.2 regulations are promulgated.
Date: January 17, 2019
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 December 31, 2019.
Date: January 16, 2019
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: January 10, 2019
Waiver Request:
- Provider requested to renew approval of a physician assistant to provide psychiatric services to children and adolescents 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 treatment program will be best served by continuing to receive psychiatric services from this experienced physician assistant, along with psychiatric nurse practitioners on site and a psychiatrist via telepsychiatry. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.
Date: January 2, 2019
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, 2019.
Date: January 2, 2019
Waiver Request:
- Provider requested to use a Medical Assistant in place of an LPN to provide the Optional Service of Health Monitoring at its clinic treatment programs.
Regulations at Issue:
- 14 NYCRR Sections 599.9(b)(18), 599.9(d)
Commissioner’s Decision:
- The request is disapproved as it has been determined that Section 599.9(b)(18) does not allow OMH to deviate from our determination that the Health Monitoring service can only be reimbursed by Medicaid if it is provided by a licensed medical professional.
Date: December 27, 2018
Waiver Request:
- Provider requested to renew approval of a physician assistant to provide psychiatric services in two clinic treatment programs.
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 these clinic treatment programs will be best served by continuing to receive psychiatric services from this experienced physician assistant. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.
Date: December 21, 2018
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, 2019.
Date: December 20, 2018
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 30, 2021.
Date: December 20, 2018
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 30, 2021.
Date: December 20, 2018
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 30, 2021.
Date: December 20, 2018
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 30, 2021.
Date: December 20, 2018
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 30, 2021.
Date: December 20, 2018
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 27, 2021Date: December 20, 2018
Waiver Request:
- Provider requested to approve a physician assistant to provide psychiatric services primarily to children and adolescents in a clinic treatment program.
Regulation at Issue:
- 14 NYCRR Section 599.9
Commissioner’s Decision:
- The request is approved as it has been determined that the needs of children and adolescents at this clinic treatment program will be best served by receiving psychiatric services from this physician assistant who has additional credentialing in psychiatric treatment, as well as experience treating youth, and will receive adequate and appropriate clinical supervision and consultation by a psychiatrist.
Date: December 20, 2018
Waiver Request:
- Provider requested to approve a physician assistant to provide psychiatric services to adults in a clinic treatment program.
Regulation at Issue:
- 14 NYCRR Section 599.9
Commissioner’s Decision:
- The request is approved as it has been determined that the needs of adults at this clinic treatment program will be best served by allowing this physician assistant to provide psychiatric services to established patients, along with a psychiatrist and a psychiatric nurse practitioner. The physician assistant will receive adequate and appropriate clinical supervision and consultation by a psychiatrist.
Date: December 10, 2018
Waiver Request:
- Provider requested to renew approval of a physician assistant to continue providing psychiatric services in a clinic treatment program.
Regulation 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 treatment program will be best served by continuing to receive psychiatric services from this experienced physician assistant. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.
Date: December 6, 2018
Waiver Request:
- Provider requested a waiver of a Medicaid reimbursement requirement for a Comprehensive PROS program.
Regulation at Issue:
- 14 NYCRR Section 512.11(f)(3)(ii)
Commissioner’s Decision:
-
The waiver request is approved as it has been determined that the needs of participants at this PROS program will be best served by removing the clinical treatment component of the PROS program and receiving clinical treatment at the provider’s clinic treatment program.
Date: December 6, 2018
Waiver Request:
- Provider requested a waiver to admit an 18-year old individual in need of service in a day treatment program where the approved age range of children and adolescents is up to 18 years of age.
Regulation at Issue:
- 14 NYCRR Section 587.11
Commissioner's Decision:
- The waiver request is approved as it has been determined this setting would be most appropriate to meet the clinical and educational needs of the individual. The waiver applies solely to the admission of this individual.
Date: December 6, 2018
Waiver Request:
- Provider requested a waiver to admit an 18-year old individual in need of service in a day treatment program where the approved age range of children and adolescents is up to 18 years of age.
Regulation at Issue:
- 14 NYCRR Section 587.11
Commissioner's Decision:
- The waiver request is approved as it has been determined this setting would be most appropriate to meet the clinical and educational needs of the individual. The waiver applies solely to the admission of this individual.
Date: November 1, 2018
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, 2021.
Date: October 24, 2018
Waiver Request:
- Provider requested a waiver to allow one psychiatrist to deliver telepsychiatry services from his home offices in New York and Florida, and a second psychiatrist to deliver telepsychiatry services from his home office in New York
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through June 30, 2019.
Date: October 15, 2018
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)
Commissioner’s Decision:
- The waiver is approved for six months following anticipated approval of the provider’s EZ PAR application to increase capacity from 8 beds to 12 beds. It has been determined that the rights, health and safety of youth will not be diminished by this waiver.
Date: October 9, 2018
Waiver Request:
- Provider requested a waiver to allow their psychiatrist to deliver telepsychiatry services from his home offices in New York and Florida.
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through June 30, 2019.
Date: October 3, 2018
Waiver Request:
- Provider requested a waiver to utilize telepsychiatry within a PROS setting, and to allow their psychiatrist to deliver telepsychiatry services from his home offices in New York and Florida.
Regulations at Issue:
- 14 NYCRR Sections 596.3, 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through June 30, 2019.
Date: August 29, 2018
Waiver Request:
- Provider requested a waiver to contract with a private psychiatrist for the delivery of telepsychiatry services from their home office in New York State.
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through September 30, 2019.
Date: August 29, 2018
Waiver Request:
- Provider requested a waiver to contract with a private psychiatrist for the delivery of telepsychiatry services from their home office in New York State.
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through September 30, 2019.
Date: August 23, 2018
Waiver Request:
- Provider requested a waiver to allow eight of their psychiatrists to deliver services via telepsychiatry from their home offices in New York State.
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through August 23, 2019.
Date: August 23, 2018
Waiver Request:
- Provider requested a waiver of the requirement to employ at least one full-time registered nurse in a crisis residence for youth.
Regulation at Issue:
- 14 NYCRR Section 594.12(g)
Commissioner’s Decision:
- The waiver is approved through June 30, 2021. 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.
Date: August 23, 2018
Waiver Request:
- Provider sought waiver to allow the continued operation of six additional Extended Observation Beds (EOBs) at the Comprehensive Psychiatric Emergency Program (CPEP).
Regulation at Issue:
- 14 NYCRR Section 590.7(b)(9)
Commissioner’s Decision:
- The waiver is approved through August 31, 2021. The additional EOBs have provided flexibility in the provision of care. The hospital will continue to have the ability to adjust the level of care to one that is appropriate and most beneficial for each patient's needs.
Date: August 8, 2018
Waiver Request:
- Provider requested a renewal 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 February 1, 2019.
Date: July 18, 2018
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through September 30, 2019.
Date: June 27, 2018
Waiver Request:
- Provider requested a renewal waiver to allow commingling of adolescents and adults in eating disorder unit.
Regulation 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: July 18, 2018
Waiver Request:
- Provider requested a waiver of the requirement to employ at least one full-time registered nurse in a crisis residence for youth.
Regulation at Issue:
- 14 NYCRR Section 594.12(g)
Commissioner’s Decision:
- The waiver is approved through June 30, 2021. 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
Date: June 27, 2018
Waiver Request:
- Provider requested a renewal waiver to allow commingling of adolescents and adults in eating disorder unit.
Regulation 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: June 27, 2018
Waiver Request:
- Provider requested a waiver to allow one of their psychiatrists to temporarily deliver services via telepsychiatry from their home office in New York State.
Regulations at Issue:
- 14 NYCRR Section 596(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through August 31, 2018.
Date: June 27, 2018
Waiver Request:
- Provider requested a waiver to contract with a private psychiatrist for the delivery of telepsychiatry services from their home office in New York State.
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through September 30, 2019.
Date: June 27, 2018
Waiver Request:
- Provider requested a waiver to contract with a private psychiatrist for the delivery of telepsychiatry services from their home office in New York State.
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through September 30, 2019.
Date: June 27, 2018
Waiver Request:
- Provider requested a waiver to contract with a private psychiatrist for the delivery of telepsychiatry services from their home office in New York State.
Regulations at Issue:
- 14 NYCRR Sections 596.5(a) and 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved through September 30, 2019.
Date: June 27, 2018
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, 2019.
Date: June 8, 2018
Waiver Request:
- Provider requested a waiver of the requirement to employ at least one full-time registered nurse in a crisis residence for youth.
Regulation at Issue:
- 14 NYCRR Section 594.12(g)
Commissioner’s Decision:
- The waiver is approved through November 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.
Date: May 18, 2018
Waiver Request:
- Provider requested a waiver to contract with a Telemedicine Company for the provision of telepsychiatry services.
Regulations at Issue:
- 14 NYCRR Section 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through November 30, 2018.
Date: April 25, 2018
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.
Date: April 18, 2018
Waiver Request:
- Provider requested to renew a waiver to allow flexibility with respect to the frequency of performance of utilization reviews.
Regulation at Issue:
- 14 NYCRR Section 598.11(a)(2)(iii)(e)
Commissioner’s Decision:
- The waiver is approved to allow a six-month review, which is consistent with Part 599. This waiver is contingent upon the provider adhering to the requirements of Part 599 with respect to utilization review, as well as all other regulatory provisions found in Parts 598 and 599.
Date: March 13, 2018
Waiver Request:
- Provider requested a waiver to allow one of their psychiatrists to deliver services via telepsychiatry from their home office in Texas.
Regulations at Issue:
- 14 NYCRR Sections 596.6(a)(1)(v) and 596.7(b)(8)(iii)
Commissioner’s Decision:
- The waiver is approved through October 31, 2018.
Date: March 13, 2018
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.
Date: March 2, 2018
Waiver Request:
- Provider requested a waiver to admit an 18-year old in need of treatment to a community residence for children and adolescents.
Regulation 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 and educational needs of the individual. The waiver pertains solely to the admission of this individual.
Date: February 28, 2018
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 30, 2018.
Date: January 31, 2018
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 December 31, 2019.
Date: January 31, 2018
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, 2020.
Date: January 31, 2018
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.
Date: January 31, 2018
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.
Date: January 31, 2018
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, 2019.
Date: January 31, 2018
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 30, 2018.
Date: January 16, 2018
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 September 30, 2019.
Date: January 16, 2018
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, 2020.
Date: January 16, 2018
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 September 30, 2018.
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.
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.
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.
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.
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.
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.
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.
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 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)
- 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.
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.
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.
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 May 31, 2018.
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 May 31, 2018.
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 May 31, 2018.
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 May 31, 2018.
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 May 31, 2018.
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 September 30, 2018.
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 October 31, 2019.
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.
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.
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.
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)
- 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.
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.
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)
- 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.
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)
- 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.
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)
- 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.
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.
Regulation 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.
Regulation 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.
Regulation 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.
Regulation 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.
Regulation 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.
Date: December 8, 2015
Waiver Request:
- Hospital requested a renewal waiver to commingle individuals aged 16 to 23 in a young adult unit.
Regulation at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
- The waiver is denied based on information provided. Request cannot be considered until additional information is submitted.
Date: November 24, 2015
Waiver Request:
- Provider requested a waiver to utilize telepsychiatry equipment at an inpatient hospital to provide services to patients at a clinic.
Regulation at Issue:
- 14 NYCRR Section 599.17(b)(1)
Commissioner’s Decision:
- The waiver is approved with the understanding that compliance with all other regulatory provisions found at Section 599.17 will be ensured.
Date: August 25, 2015
Waiver Request:
- Provider requested a waiver to allow flexibility with respect to the frequency of performance of utilization reviews.
Regulation at Issue:
- 14 NYCRR Section 598.11(a)(2)(iii)(e)
Commissioner’s Decision:
- The waiver is approved to allow a six-month review, which is consistent with Part 599. This waiver is contingent upon the provider adhering to the requirements of Part 599 with respect to utilization review, as well as all other regulatory provisions found in Parts 598 and 599.
Date: August 11, 2015
Waiver Request:
- Provider requested a waiver of specific staffing requirements for a Comprehensive PROS program.
Regulation at Issue:
- 14 NYCRR Section 512.7(d)(2)(i)
Commissioner’s Decision:
- The waiver is approved with conditions: provider continues to employ an adequate and appropriate number of professional staff to operate program; provider ensures that the rights, health, safety of clients will not be diminished and best interests of clients will continue to be served.
Date: May 13, 2015
Waiver Request:
- Provider requested a waiver to commingle adolescents and adults in a specialized inpatient unit for the treatment of individuals with eating disorders.
Regulation at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
- The 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 8, 2015
Waiver Request:
- Provider sought to waive requirement that two staff members of crisis outreach team be present when crisis intervention services are provided at a site other than CPEP emergency room or crisis residence service.
Regulation at Issue:
- 14 NYCRR Section 590.10(c)(7)
Commissioner’s Decision:
- The waiver is denied due to health and safety concerns.
Date: April 2, 2015
Waiver Request:
- Provider requested a waiver to allow extended treatment time for patients in partial hospital program.
Regulation at Issue:
- 14 NYCRR Section 588.9(a)(2)
Commissioner’s Decision:
- The waiver is approved with conditions. Data must be provided regarding number of individuals utilizing extended length of stay.
Date: February 11, 2015
Waiver Request:
- Provider requested a waiver to admit an 18-year old in need of treatment to a community residence for children and adolescents.
Regulation 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 and educational needs of the individual. The waiver pertains solely to the admission of this individual.
Date: February 10, 2015
Waiver Request:
- Provider requested a waiver to enable a community residence undergoing renovations to temporarily allow a third resident to stay in a bedroom approved for use by two people.
Regulation at Issue:
- 14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
- The waiver is approved for a period of no more than three months, which is the expected duration of renovations. If renovations are completed sooner, resident will be relocated to a different room, and the bedroom will revert back to a two-person occupancy room only. The community residence must adhere to all other provisions of Part 595, including, but not limited to, the required furnishings for the third individual.