Regulations
Notice and Disclaimer
While the New York State Office of Mental Health (OMH) makes every effort to post accurate and reliable information, it does not guarantee or warrant that the regulations posted on this web site are complete, accurate or up-to-date. This posting is not intended to replace official publication of regulations in the New York State Register, published by the New York State Department of State. The New York State Office of Mental Health assumes no responsibility for the use or application of any regulations posted here. This web site is intended solely for the purpose of electronically providing the public with convenient access to data resources. The New York State Office of Mental Health assumes no responsibility for any error, omissions or other discrepancies between the electronic and printed versions of documents. Furthermore, the New York State Office of Mental Health cannot provide individual legal advice or counseling. If you are seeking specific legal advice in relation to these regulations, you should contact a licensed attorney in your local community.
The New York State Department of State provides free access to all New York State regulations online at
http://www.dos.ny.gov/info/nycrr.html
. OMH's regulations are included in Title
14 of the New York Codes, Rules and Regulations (NYCRR). Please note that these online regulations are
an unofficial version and are provided for informational purposes only. No representation is made as to
its accuracy, nor may it be read into evidence in New York State courts. Due to the timing of the posting
process, the regulations posted on the Department of State website may not reflect the most current version
of OMH regulations. For more information, please contact OMH's Bureau of Policy, Regulation and Legislation
at (518) 473-6945.
Part 501 of Title 14 NYCRR grants the Commissioner the ability to waive regulatory requirements for purposes of testing innovative programs that may increase the efficiency and effectiveness of operations or providing additional flexibility to better meet local service needs while maintaining program quality and integrity.
Instructions | Waiver Request Form
Proposed | Emergency | Adoption
The regulations in this section have been proposed through publication of a notice in the State Register. They are currently undergoing the public review process. After OMH has received and considered public comment on the proposed rules, a Notice of Adoption must be filed with the Department of State before they are effective.
- Part 584 - Operation of Residential Treatment Facilities for Children and Youth
(OMH Text
(109kb) | State Register Notice)
OMH has filed with the Department of State a proposed rule amending 14 NYCRR Part 584. The rule adds fire safety and smoking provisions, and makes minor changes related to facility construction and design. The Notice of Proposed Rule Making was published in the State Register on May 8, 2013. Public comments will be accepted through close of business on June 24, 2013. - Part 587 - Operation of Outpatient Programs; Part 593 - Medical Assistance Payments for Community Rehabilitation Services within Residential Programs for Adults and Children and Adolescents; Part 594 - Operation of Licensed Housing Programs for Children and Adolescents with Serious Emotional Disturbances
(OMH Text (114kb) | State Register Notice)
OMH has filed with the Department of State a consensus rule amending 14 NYCRR Parts 587, 593 and 594 to eliminate references to the Family Based Treatment Program, which ceased operation as of March 31, 2013. The Notice of Proposed Rule Making was published in the State Register on May 8, 2013. Public comments will be accepted through close of business on June 24, 2013. - Part 57 - Transfer of Involuntary Patients to Authorized Secure Facilities
(OMH Text (59kb) | State Register Notice
)
A Notice of Proposed Rule Making was filed with the Department of State on March 5, 2013. An Emergency Adoption was filed at the same time and is currently in effect. This rule allows for the transfer of an involuntary patient from an OMH hospital to one of OMH's two maximum security regional forensic units (Rochester Regional Forensic Unit and Northeast Regional Forensic Unit). The Notice of Proposed Rule Making was published on March 20, 2013. Public comments will be accepted until May 6, 2013. - Part 513 - Limits on Administrative Expenses and Executive Compensation
(OMH Text (135kb) Assessment
(75kb) | State Register Notice
)
OMH has twice previously proposed a new 14 NYCRR Part 513, Limits on Administrative Expenses and Executive Compensation, as required by Executive Order No. 38. After receiving and reviewing public comment on the most recently proposed rule, OMH has issued another revised rule to implement the provisions of Executive Order No. 38 to ensure that State funds or State-authorized payments paid to providers of services by OMH are used predominantly to provide direct care and services to persons in need of mental health services. The Notice of Revised Rule Making was published in the State Register on March 13, 2013. Public comments will be accepted through close of business on Friday, April 12, 2013. - Part 513 - Limits on Administrative Expenses and Executive Compensation
(OMH Text
(130kb) Assessment (59kb) | State Register Notice
)
OMH had previously proposed a new 14 NYCRR Part 513, Limits on Administrative Expenses and Executive Compensation, as required by Executive Order No. 38. After receiving and reviewing public comment on the proposed rule, OMH has now issued a revised rule to implement the provisions of Executive Order No. 38 to ensure that State funds or State-authorized payments paid to providers of services by OMH are used predominantly to provide direct care and services to persons in need of mental health services. The Notice of Revised Rule Making was published in the State Register on October 31, 2012. The 30-day public comment period has been extended by an additional two weeks due to the disruptions to many providers caused by Hurricane Sandy. Originally the public comment period was to cease as of close of business November 30, 2012. Public comments will now be accepted through close of business on Friday, December 14, 2012. - Part 513 - Limits on Administrative Expenses and Executive Compensation
(OMH Text
(182kb) | State Register Notice
)
A proposed rule creating a new 14 NYCRR Part 513 has been filed with the Department of State. The rule implements the provisions of Executive Order No. 38 by limiting administrative expenses and executive compensation of providers of services in order to meet the State's ongoing obligation to ensure the proper use of taxpayer dollars and the most effective provision of services to the public. The Notice of Proposed Rule Making will be published in the State Register on May 30, 2012. Public comments will be accepted until July 14, 2012.
This section includes amendments that have been adopted as Emergency Regulations. Emergency rules are effective on the date they are filed, based on a finding by OMH that immediate adoption of the rule is necessary for the preservation of the public health, safety or general welfare and that compliance with the requirements of the Notice of Proposed Rulemaking process would be contrary to the public interest.
- Part 57 - Transfer of Involuntary Patients to Authorized Secure Facilities
(OMH Text (78 kb) | State Register Notice )
A Notice of Emergency Adoption/Proposed Rule Making was filed with the Department of State on March 5, 2013. This rule allows for the transfer of an involuntary patient from an OMH hospital to one of OMH's two maximum security regional forensic units (Rochester Regional Forensic Unit and Northeast Regional Forensic Unit). The 90-day Emergency Adoption is in effect immediately and shall remain in effect until June 3, 2013. The Notice of Proposed Rule Making will be published in the State Register on March 20, 2013. The public comment period will commence at that time.
The regulations in this section have undergone the public review process and have been adopted as permanent
rules. Adopted regulations will be available on this site for one year from the date they were adopted as
permanent rules. Once removed from this list, an unofficial version of all permanent OMH regulations can be
accessed through the Department of State website at www.dos.ny.gov/info/nycrr.html
.
- Part 15 - Admission and Transfer of Patients and Repeal of Appendix 1 (Volume A Admission Forms)
(OMH Text
(69kb)| State Register Notice
)
The rule amended 14 NYCRR Part 15 and repealed Appendix 1 of Volume A. The rule eliminated outdated forms and made conforming amendments to Part 15. Companion regulations were adopted by the Office for People with Developmental Disabilities and the Office of Alcoholism and Substance Abuse Services. All three agencies' rules were adopted as final on March 20, 2013. - Part 580 - Operation of Psychiatric Inpatient Units of General Hospitals and
Part 582 - Operation of Hospitals for Persons with Mental Illness.
OMH Text
(66kb) | State Register Notice
)
The rule amended 14 NYCRR Part 580 - Operation of Psychiatric Inpatient Units of General Hospitals and Part 582 - Operation of Hospitals for Persons with Mental Illness by establishing provisions prohibiting the discharge of any person with serious mental illness to a transitional adult home, as defined in the regulations of the Department of Health, unless the individual was a resident of the home immediately prior to his or her current period of hospitalization. The rule was adopted as final on January 16, 2013. - Part 599 - Clinic Treatment Programs
OMH Text
(75kb) | State Register Notice
)
The consensus rule amended 14 NYCRR Part 599 by correcting small inaccuracies in the existing regulation and making a minor technical change to the billing modifier chart in Section 599.14 to clarify that providers may not use the "after hours modifier" when billing for Injectable Psychotropic Medication Administration services. The rule was adopted as final on January 9, 2013. - Part 588 - Medical Assistance Payment for Outpatient Programs and
Part 592 - Comprehensive Outpatient Programs
OMH Text
(49kb) | State Register Notice
)
The rule amended 14 NYCRR Parts 588 and 592 by implementing a Medicaid fee increase for all Partial Hospitalization Programs licensed by OMH effective July 1, 2012. The rule was adopted as final on December 19, 2012. - Part 582 - Operation of Hospitals for Persons with Mental Illness
(OMH Text
(48kb) | State Register Notice
)
The rule amended 14 NYCRR Part 582 by adding provisions concerning fire safety procedures and prohibiting smoking within buildings. The rule was adopted as final on December 5, 2012. - Part 512 - Personalized Recovery Oriented Services (PROS)
(OMH Text
(10kb) | State Register Notice
)
The rule amended 14 NYCRR Part 512 by updating and clarifying existing regulations and implementing a fee adjustment for PROS programs effective July 1, 2012. The rule was adopted as final on December 5, 2012. - Part 551 - Prior Approval Review (PAR) for Quality and Appropriateness
(OMH Text
(10kb) | State Register Notice
)
The rule amended 14 NYCRR Part 551 by making a technical change and adding provisions that conform to non-discretionary statutory requirements regarding accessibility standards. The rule was adopted as final on November 28, 2012. - Part 591 - Medical Assistance Payments for Comprehensive Psychiatric Emergency Programs (CPEP)
(OMH Text
(38kb) | State Register Notice
)
The rule amended 14 NYCRR Part 591 by providing an increase in Medicaid fees paid to CPEPs effective July 1, 2012. The rule was adopted as final on October 31, 2012. - Part 527 - Rights of Patients
(OMH Text
(86kb) | State Register Notice
)
The rule amended 14 NYCRR Part 527 by extending rights found in Part 527 to inmates receiving services at regional medical units operated by the Department of Corrections and Community Support where OMH provides outpatient psychiatric treatment and at correctional facilities where OMH operates a residential crisis treatment program. The rule was adopted as final on October 31, 2012. - Part 577 - Rates of Reimbursement - Hospitals Licensed by the Office of Mental Health
(OMH Text
(46kb) | State Register Notice
)
The rule amended 14 NYCRR Part 577 by eliminating the requirement that hospitals licensed under Article 31 of the Mental Hygiene Law hire an independent certified public accountant to certify their Institutional Cost Reports. Instead, the cost reports will be subject to audit by the Department of Health. The rule was adopted as final on October 17, 2012. - Part 578 - Medical Assistance Rates of Payment for Residential Treatment Facilities (RTF) for Children and Youth
(OMH Text
(40kb) | State Register Notice
)
The rule amended 14 NYCRR Part 578 by freezing the rate of payments to RTFs licensed under Article 31 and issued an operating certificate in accordance with 14 NYCRR Part 584. The rate freeze is effective as of July 1, 2012, and continues the rate of payment in effect as of June 30, 2011. The rule was adopted as final on July 25, 2012. - Part 508 - Medical Assistance Rates of Payment for Assertive Community Treatment (ACT) Services
(OMH Text (133kb) |
State Register Notice
)
The rule repealed Title 14 NYCRR Part 508 and replaced it with a new, updated 14 NYCRR Part 508. This new Part provides clarity and direction regarding reimbursement standards for services provided to active clients, including when those clients are hospitalized. In addition, the new Part 508 includes the same provisions with respect to Behavioral Health Organization implementation as have been added to other OMH outpatient regulations. The proposed rule informs providers of ACT services of their responsibilities as a result of the Behavioral Health Organization (BHO) implementation. The rule was adopted as final on July 18, 2012. - Part 512 - Personalized Recovery Oriented Services (PROS)
(OMH Text | State Register Notice )
The rule amended 14 NYCRR Part 512 by clarifying OMH's expectations with respect to Behavioral Health Organization (BHO) implementation and notifying PROS providers of services of their responsibilities as a result of the BHO implementation. The rule was adopted as final on June 27, 2012. - Part 551 - Prior Approval Review (PAR) for Quality and Appropriateness
(OMH Text | State Register Notice )
The rule amended 14 NYCRR Part 551 by adding provisions allowing for electronic submission of PAR applications. The rule was adopted as final on June 27, 2012.
Comments or questions about the information on this page can be directed to the Bureau of Policy, Regulation and Legislation.