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: December 23, 2021
Waiver Request:
Provider requested a waiver of the maximum capacity of 8 beds at a proposed 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 open a CREDIT program with 12 beds. It has been determined that the rights, health and safety of youth will not be diminished by this waiver.
Date: December 7, 2021
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: December 3, 2021
Waiver Request:
Provider requested to extend its time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times, but only for weekends and holidays, as the program no longer needs a waiver to comply with the regulation on weekdays.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members on weekends and holidays for an additional 90 days, while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 6 residents, and additional on-call staff are available if needed.
Date: December 3, 2021
Waiver Request:
Provider requested a third extension of its time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members for peak times coverage for an additional 90 days while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 6 residents, and additional on-call staff are available if needed.
Date: November 18, 2021
Waiver Request:
Provider requested a waiver to offer an Intensive Outpatient Program level of service.
Regulations at Issue:
14 NYCRR Sections 599.13(e)(2)
Commissioner’s Decision:
The waiver is approved through January 31, 2024.
Date: November 3, 2021
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 3, 2024.
Date: October 23, 2021
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: October 13, 2021
Waiver Request:
Provider requested approval for a physician assistant to treat existing adult clients at a Clinic Treatment program.
Regulations at Issue:
14 NYCRR Section 599.9(d)
Commissioner’s Decision:
The request is approved as it has been determined that the needs of clients at this clinic will be best served by adding this physician assistant to its roster of psychiatrists and psychiatric nurse practitioners. The physician assistant will treat established adult clients who have received at least an initial psychiatric evaluation from one of the program’s psychiatrists or psychiatric nurse practitioners and will have adequate and appropriate supervision by a psychiatrist.
Date: September 16, 2021
Waiver Request:
Provider requested a second renewal of its waiver to allow the continued operation of six additional Extended Observation Beds (EOBs) at its 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, 2024. 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.
Date: August 30, 2021
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, 2022.
Date: August 23, 2021
Waiver Request:
Provider requested a waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.8(i)
Commissioner’s Decision:
The request was approved to allow this individual to remain at the residence from their 19th birthday until their discharge date less than four months later. It was determined that the rights, health and safety of residents would not be diminished by this approval.
Date: August 23, 2021
Waiver Request:
Provider requested to extend its time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members for peak times coverage through October 31, 2021 while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 6 residents.
Date: August 23, 2021
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 August 23, 2024.
Date: August 23, 2021
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: August 13, 2021
Waiver Request:
Provider requested a waiver of the requirement for a Children & Youth Community Residence with eight beds to assign at least two direct care staff for overnight coverage.
Regulations at Issue:
14 NYCRR Section 594.11(i)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only one staff member for overnight coverage through November 3, 2021 while recruiting overnight staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: August 13, 2021
Waiver Request:
Provider requested a time-limited extension of its initial waiver of the requirement for a Children & Youth Community Residence with eight beds to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver renewal was approved to allow the program to assign only two staff members during peak times through November 3, 2021 while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: August 13, 2021
Waiver Request:
Provider requested a fourth time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least two direct care staff for overnight coverage.
Regulations at Issue:
14 NYCRR Section 594.11(i)
Commissioner’s Decision:
The waiver renewal was approved to allow the program to assign only one staff member for overnight coverage through November 30, 2021 while recruiting more overnight staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: August 13, 2021
Waiver Request:
Provider requested a second time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver renewal was approved to allow the program to assign only two staff members during peak times through November 30, 2021 while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: August 2, 2021
Waiver Request:
Provider requested to renew its waiver to continue allowing two 3-bedded rooms in a Community Residence for Eating Disorder Integrated Treatment (CREDIT) program for adults.
Regulations at Issue:
14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
The application to renew the waiver of the two person per room limitation is approved for one of the two bedrooms and is disapproved for the other, as the City had recently determined that the latter room did not meet zoning requirements.
Date: June 22, 2021
Waiver Request:
Three County providers requested to conduct a pilot program to allow their three Clinic Treatment programs to hire Physician Assistants to provide psychiatric services under specific conditions without OMH’s review and approval of the qualifications of each candidate.
Regulations at Issue:
14 NYCRR Section 599.9(b)(11)(d)
Date: July 27, 2021
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 July 27, 2024.
Date: July 20, 2021
Waiver Request:
A waiver is required for the Children’s Mental Health Rehabilitation Services (CMHRS) Program to account for the continuing phase-in of available 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:
OMH originally issued this waiver on 9/24/19, effective for one year from 7/17/19 - 7/17/20. In 2020, OMH recognized the need to extend the time available for CMHRS providers to develop their capacity and renewed the waiver from 7/17/20 - 7/16/21. The waiver has continued to allow newly licensed CMHRS programs to ramp up service availability as further CMHRS providers have been added across the state, and OMH recognizes the need tof renew the waiver again for all OMH-licensed CMHRS programs. This waiver is effective 7/17/21 - 7/16/22, at which time OMH will reevaluate the need for the waiver.
Date: July 19, 2021
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, 2024.
Date: July 13, 2021
Waiver Request:
Provider requested the specific approval of the Office of Mental Health to allow one 4-bedded room in a Community Residence for Eating Disorder Integrated Treatment (CREDIT) program for adults. Such approval would be necessary for the Office of Mental Health to approve the PAR Application to open the proposed program with 12 beds.
Regulations at Issue:
14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
The provider failed to provide adequate documentation demonstrating that the criteria set forth at 14 NYCRR Part 501.3(a)(2) were met with respect to the requested waiver of the two person per room limitation. Since such a showing is required by 14 NYCRR Part 501.3(a)(4), the application for a waiver of the two person per room limitation is disapproved.
Date: July 12, 2021
Waiver Request:
Provider requested a waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.8(i)
Commissioner’s Decision:
The request was approved to allow a second extension of the waiver of a particular individual, for another seven days past the first extension’s expiration date, to allow time to transition them to adult housing. It was determined that the rights, health and safety of residents would not be diminished by this approval.
Date: June 28, 2021
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: June 25, 2021
Waiver Request:
Temporary relief be granted to COVID-19 affected regulated entities from certain requirements within Chapter XIII of Title 14 of the NYCRR that are not otherwise required by State or Federal law, as set forth herein.
Commissioner’s Decision:
Waiver issued to help service providers meet local needs while maintaining program integrity.
Date: May 20, 2021
Waiver Request:
Provider requested a waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.8(i)
Commissioner’s Decision:
The waiver was approved to allow the extended stay of a particular individual through June 30, 2021 to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: May 19, 2021
Waiver Request:
Provider requested a waiver of the requirement for a partial hospitalization program to provide services to adults and youth separately.
Regulations at Issue:
14 NYCRR Section 587.12(g)(2)
Commissioner’s Decision dated June 4, 2021:
The waiver was approved to allow a particular individual to attend adult groups shortly before they reached the age of 18, in order to receive treatment with a developmentally appropriate peer group. It has been determined that the rights, health and safety of patients will not be diminished by this approval.
Date: May 19, 2021
Waiver Request:
Provider requested a waiver of the requirement for a Community Residence 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 Section 595.12(g)(1)
Commissioner’s Decision dated June 2, 2021:
The waiver was approved to allow a proposed CREDIT program currently under EZ PAR consideration to operate without an affiliation agreement with the regional CCCED. If the provider is issued final approval on its application and receives an operating certificate, the program will be required to collaborate and communicate with the County and the CCCED. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: May 7, 2021
Waiver Request:
Provider requested a waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.8(i)
Commissioner’s Decision dated May 28, 2021:
The waiver was approved to allow the extended stay of a particular individual, for up to one year past their 19th birthday, to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: May 6, 2021
Waiver Request:
Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members for peak times coverage for up to 90 days while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 6 residents, and additional on-call staff are available if needed.
Date: April 29, 2021
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 April 29, 2024.
Date: April 27, 2021
Waiver Request:
Provider requested a time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least two direct care staff for overnight coverage.
Regulations at Issue:
14 NYCRR Section 594.11(i)
Commissioner’s Decision:
The waiver renewal was approved to allow the program to assign only one staff member for overnight coverage for up to another 90 days while recruiting more overnight staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will continue not go above 4 residents, and additional on-call staff continue to be available if needed.
Date: April 27, 2021
Waiver Request:
Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver renewal was approved to allow the program to assign only two staff members for peak times coverage for an additional 90 days while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 4 residents, and additional on-call staff are available if needed.
Date: April 21, 2021
Waiver Request:
Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members for peak times coverage for up to 90 days while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 6 residents, and additional on-call staff are available if needed.
Date: March 26, 2021
Waiver Request:
Provider requested to extend its waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.8(i)
Commissioner’s Decision:
The waiver was approved to allow the extended stay of a particular individual, for approximately 5.5 months past their 19th birthday, to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: March 22, 2021
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 22, 2024.
Date: February 23, 2021
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 February 23, 2024.
Date: February 11, 2021
Waiver Request:
Provider requested a time-limited extension of its waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least two direct care staff for overnight coverage.
Regulations at Issue:
14 NYCRR Section 594.11(i)
Commissioner’s Decision:
The waiver was renewed to allow the program to assign only one staff member for overnight coverage for an additional 90 days while recruiting more overnight staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 4 residents, and additional on-call staff are available if needed.
Date: February 11, 2021
Waiver Request:
Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members for peak times coverage for up to 90 days while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 4 residents, and additional on-call staff are available if needed.
Date: January 29, 2021
Waiver Request:
Provider requested a waiver of the discharge age criteria for an individual living in a Children & Youth Community Residence.
Regulations at Issue:
14 NYCRR Section 594.8(i)
Commissioner’s Decision:
The waiver was approved to allow the extended stay of a particular individual, for approximately 2.5 months past their 19th birthday, to allow time to transition them to adult housing. It has been determined that the rights, health and safety of residents will not be diminished by this approval.
Date: January 22, 2021
Waiver Request:
Provider requested approval for a physician assistant to treat new and existing adult clients at 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 will be best served by receiving psychiatric services from this experienced physician assistant, along with psychiatrists and psychiatric nurse practitioners. The physician assistant will have adequate and appropriate supervision by a psychiatrist.
Date: January 19, 2021
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 January 19, 2024.
Date: January 19, 2021
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 October 3, 2022.
Date: January 5, 2021
Waiver Request:
Provider requested a time-limited waiver of the requirement for a Children & Youth Community Residence with eight permanent beds and one respite bed to assign at least three direct care staff for coverage during peak times.
Regulations at Issue:
14 NYCRR Section 594.11(h)
Commissioner’s Decision:
The waiver was approved to allow the program to assign only two staff members for peak times coverage for up to 60 days while recruiting more staff to meet the regulatory requirement. It has been determined that the rights, health and safety of residents will not be diminished by this approval, as during this period the program’s census will not go above 6 residents.