Office of Mental Health Regulation Changes

July 29, 2011

Office of Mental Health Regulation Changes

512.588.591.text.5.11.11    585.text.4.15.11    578.text.6.16.11    594.595.text.7.13.11

Hi everyone – Please review the attached changes in regulation that are relevant to your programs, which are summarized below.
Pending rules that OMH will be publishing in the State Register on August 10, 2011.

1. Notice of Proposed Rule Making amending 14 NYCRR Parts 512, 588 and 591. The rule making serves to implement Medicaid fee reductions for various programs licensed by the OMH (Personalized Recovery Oriented Services, Day Treatment, Partial Hospitalization, Intensive Psychiatric Rehabilitation Treatment, and Comprehensive Psychiatric Emergency Programs). The reduction in rates for these non-State operated programs is part of a continuation of the 1.1% reduction in State Medicaid expenditures for mental health programs, and is consistent with the 2011-2012 enacted State budget. The rate reductions are effective as of April 1, 2011. An Emergency Rule Making was filed on May 23, 2011, and was published in the State Register on June 8, 2011.

2. Notice of Proposed Rule Making amending 14 NYCRR Part 578 - Medical Assistance Rates of Payment for Residential Treatment Facilities for Children and Youth. The rule making serves to amend two separate provisions within Part 578. The first amendment provides consistency with the enacted State budget by freezing the rate of payments received by residential treatment facilities (RTF), effective July 1, 2011. The second amendment provides for a change in the reimbursement methodology for eligible pharmaceutical costs for RTFs that would be effective on or after January 1, 2011, and upon receipt of federal approval. An Emergency Rule Making was filed on July 1, 2011, and was published in the July 20, 2011 State Register.

3. Notice of Proposed Rule Making amending 14 NYCRR Parts 594 and 595 - Operations of Licensed Housing Programs for Children and Adolescents with Serious Emotional Disturbance and Operation of Residential Programs for Adults. This consensus rule conforms to non-discretionary statutory requirements by specifying the requirements for the use of carbon monoxide detectors in residential programs for adults and children.

Lastly, OMH filed a Notice of Adoption to amend 14 NYCRR Part 585 - Family Care Homes. This rule was filed as a consensus rule making to clarify the standards associated with admission to family care homes and to make a technical amendment regarding lighting within the home. The rule was adopted as final on July 27, 2011.

The text of each of these rule makings is attached. Please let me know if you have any questions. Thank you.

Category: ACL Updates