Section 501.3(a)(7) of Title 14 NYCRR requires the Office of Mental Health (OMH) to post requests for regulation waivers, and the Commissioner’s decision regarding those requests.
Date: April 28, 2025
Waiver Request:
Provider is requesting to waive the requirements for a Children’s Community residence with eight permanent beds to assign at least two direct care staff for coverage during peak hours.
Regulations at Issue:
14 NYCRR 594.11(C)(H)
Commissioner's Decision:
Date: April 28, 2025
Waiver Request:
Provider is requesting to waive the requirement for an adult CREDIT program 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 595.12(G)(1)
Commissioner's Decision:
Date: April 21, 2025
Waiver Request:
Provider is requesting a waiver renewal for a Physician's Assistant to treat new and existing clients.
Regulations at Issue:
14 NYCRR 599.6(7)(xix)
Commissioner's Decision:
Date: April 21, 2025
Waiver Request:
Provider is requesting to waive space requirements, to allow the use of rooms that fall slightly below the required square footage in order to reallocate space within the facility for living, dining and or recreational areas.
Regulations at Issue:
14 NYCRR 589.13(C)(4)
Commissioner's Decision:
Date: April 15, 2025
Waiver Request:
Provider is requesting approval for two Physician Assistants to treat new and existing clients.
Regulations at Issue:
14 NYCRR Section 599.6(c)(7)(xix)
Commissioner's Decision:
This waiver is approved through October 31, 2026
Date: April 10, 2025
Waiver Request:
An agency is requesting waiver approval to operate an Adolescent CREDIT Program with a bed capacity of 14, which exceeds the maximum licensed capacity of 8 by 6 beds.
Regulations at Issue:
14 NYCRR SECTION 594.5(g)(2)
Commissioner's Decision:
Date: March 19, 2025
Waiver Request:
Provider requested a waiver to retain a 19-yr old in their adolescent unit until their projected discharge date of July 31, 2025.
Regulations at Issue:
14 NYCCR Section 594.8(i)
Commissioner's Decision:
This waiver is approved through July 31, 2025.
Date: March 19, 2025
Waiver Request:
Provider requested a waiver to hire a Therapeutic Recreational Therapist.
Regulations at Issue:
14 NYCRR Section 584.10(e)(2)
14 NYCCR Section 548.10(f)(7)
14 NYCCR Section 584.21(a)(3)
Commissioner's Decision:
This waiver is approved through February 28, 2026.
Date: October 18, 2024
Waiver Request:
An agency is requesting approval to waive 14 NYCRR Section 594.5(g)(2) to allow the agency to operate an Adolescent CREDIT Program with a bed capacity of 14, which exceeds the maximum licensed capacity of 8 by 6 beds.
Regulations at Issue:
14 NYCRR Section 594.5(g)(2)
Commissioner's Decision:
This waiver is approved through November 15, 2025.
Date: September 10, 2024
Waiver Request:
Comprehensive Psychiatrist Emergency Program provider requested to waive the requirement for a full-time psychiatrist to be on-duty and available at all times.
Regulations at Issue:
14 NYCRR Section 590.10(c)(1)
Commissioner's Decision:
This waiver is approved through April 30, 2025.
Date: August 1, 2024
Waiver Request:
In the midst of significant staff recruitment and retention challenges a waiver is required for the Children’s Community Residence Programs to assign staff to direct care based on the number of recipients in residence for peak shifts. This waiver is in effect until Title 14 NYCRR Part 594 is updated.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner's Decision:
This waiver was originally issued from May 1, 2022 through May 1, 2023, and subsequently renewed on May 1, 2023 and August 1, 2023. OMH continues to recognize the need to extend this waiver. This extension applies to all OMH licensed Children’s Community Residence Programs and is in effect until Title 14 NYCRR Part 594 is updated.
Date: July 13, 2024
Waiver Request:
A waiver is required for the Children’s Mental Health Rehabilitation Services (CMHRS) Program to account for continued flexibility until such time as OMH can update necessary regulatory requirements to support State Plan services under Children and Family Treatment and Support Services covered under the license.
Regulations at Issue:
14 NYCRR Section 511-2.5
Commissioner's Decision:
This waiver was initially issued on September 20, 2019, and subsequently renewed on July 22, 2020, July 20, 2021, July 13, 2022; and July 13, 2023. This waiver will release the expectation for ensuring full access to Psychosocial Rehabilitation, Family Peer Support, and Youth Peer Support by either direct provision by the CMHRS program provider agency or by agreement with a designated provider. It will enable CMHRS programs to continue with existing regulatory flexibilities while permitting OMH to finalize regulatory changes. This waiver applies to all OMH-licensed CMHRS programs and is extended until the Part 511-2 regulation has been updated.
Date: July 9, 2024
Waiver Request:
Provider requested a waiver to operate more than the 6 extended observation bed limit for this type of program.
Regulations at Issue:
14 NYCRR Part 590.7(b)(9)
Commissioner's Decision:
This waiver is approved through July 31, 2027.
Date: July 2, 2024
Waiver Request:
Provider requested a waiver to retain a 20-year-old in their Children’s Community Residence until they can secure an Adult Community Residence bed.
Regulations at Issue:
14 NYCRR Part 594.8 (i)
Commissioner's Decision:
This waiver is approved through November 25, 2024.
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:
This Waiver is approved through November 30, 2024.
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:
This waiver is approved through March 31, 2027.
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)
Commissioner's Decision:
This waiver is approved through February 10, 2025.
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.
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.
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)
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.