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Office of Mental Health

2018 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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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 April 27, 2021.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

Date: 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.

Regulations 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.

WAIVER DECISION

Date: 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.

Regulations 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.

WAIVER DECISION

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.

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. The physician assistant has established professional and clinical relationships at this agency, as well as adequate and appropriate supervision by a psychiatrist.

WAIVER DECISION

Date: December 6, 2018

Waiver Request:
Provider requested a waiver of a Medicaid reimbursement requirement for a Comprehensive PROS program.

Regulations 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.

WAIVER DECISION

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.

Regulations 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.

WAIVER DECISION

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.

Regulations 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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

Date: October 3, 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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

Regulations 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.

WAIVER DECISION

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).

Regulations 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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

Regulations 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.

WAIVER DECISION

Date: June 27, 2018

Waiver Request:
Provider requested a renewal waiver to allow commingling of adolescents and adults in eating disorder unit.

Regulations 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.

WAIVER DECISION

Date: June 27, 2018

Waiver Request:
Provider requested a renewal waiver to allow commingling of adolescents and adults in eating disorder unit.

Regulations 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.

WAIVER DECISION

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.

WAIVER DECISION

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

WAIVER DECISION

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

WAIVER DECISION

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

WAIVER DECISION

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

WAIVER DECISION

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.

Regulations 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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

Regulations 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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

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 and educational needs of the individual. The waiver pertains solely to the admission of this individual.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.

WAIVER DECISION

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.