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Office of Mental Health

OMH Regulation Waiver Decisions

Section 501.3(a)(7) of Title 14 NYCRR requires the Office of Mental Health (OMH) to post requests for regulation waivers, and the Commissioner’s decision regarding those requests.

PENDING

Date: June 11, 2024

Waiver Request:
Provider requested a waiver to retain a 19-year-old in their Children’s Community Residence

Regulations at Issue:
14 NYCRR Part 594.8 (b)(i)

Commissioner's Decision:

PENDING

Date: April 11, 2024

Waiver Request:
First waiver renewal request of 14 NYCRR Part 595.15(b)(1)(i)(a) for a Community Residence to waive bedroom space requirements for single and multiple resident bedrooms.

Regulations at Issue:
14 NYCRR Part 595.15(b)(1)(i)(a)

Commissioner's Decision:

PENDING

Date: April 2, 2024

Waiver Request:
Provider requested a 501 waiver of age criteria for admission to a Children & Youth Community Residence, in order to admit a resident who had attained age 18.

Regulations at Issue:
14 NYCRR Section 594.8(b)(1), 594.8(i)

Waiver Decision

Date: March 18, 2024

Waiver Request:
Provider is requesting to have Certification requirements of a Medical Director waived given experience and qualifications.

Regulations at Issue:
14 NYCRR Section 598.12(c)(2)

Commissioner's Decision:
The waiver is approved through March 29, 2027.

WAIVER DECISION

Date: February 28, 2024

Waiver Request:
Provider requested a renewal waiver for a Physician Assistant to treat children, adolescents, or adults at a Mental Health Outpatient Treatment and Rehabilitative Services (MHOTRS) program.

Regulations at Issue:
14 NYCRR Sections 599.9(b)(2), 599.9(b)(6)

Commissioner's Decision:
The waiver is approved through January 31, 2027.

PENDING

Date: February 1, 2024

Waiver Request:
Provider requested approval to keep an 18-year-old in the adolescent unit until they can be transferred to the adult unit in 8-12 weeks.

Regulations at Issue:
14 NYCRR Section 580.6(6)(4)

WAIVER DECISION

Date: January 10, 2024

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)
14 NYCRR Section 512.7(d)(7)(v)(a)

Commissioner's Decision:
The waiver is approved through March 31, 2025.