New York State Office of Mental Health (OMH)
Waiver Request Pursuant to Part 501 of Title 14 New York Codes, Rules and Regulations (NYCRR)
Section 501.3(a)(7) of Title 14 NYCRR requires the Office of Mental Health to post requests for waivers, and the Commissioner’s decision regarding those requests, on the Office’s website. They are as follows:
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.
Regulation 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.
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.
Regulation 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.
Date: December 20, 2017
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 October 31, 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.
Date: December 15, 2017
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 December 31, 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.
Date: December 5, 2017
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, 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.
Date: November 28, 2017
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 May 31, 2019. 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.
Date: November 28, 2017
Waiver Request:
- Hospital requested a renewal waiver to commingle individuals aged 16 to 23 in a young adult unit.
Regulations at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
- The waiver is approved as conditions have been met. Policies and procedures addressing patient safety were developed by provider and approved by OMH. Waiver is effective through June 12, 2018.
Waiver Request:
- Provider requested 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, 2018.
Waiver Request:
- Provider requested a waiver to allow the use of telepsychiatry by a specific psychiatrist from a remote location.
Regulations at Issue:
- 14 NYCRR Section 596.5(a)
- 14 NYCRR Section 596.6(a)(1)(v)
Commissioner’s Decision:
- The waiver is approved and will allow for the identified NYS Medicaid licensed psychiatrist to work with patients through telepsychiatry from his remote location.
Date: April 27, 2017
Waiver Request:
- Provider requested a waiver to place a 17-year old individual in an adult outpatient clinic.
Regulations at Issue:
- 14 NYCRR Section 599.1(b)
- 14 NYCRR Section 599.1(c)
Commissioner’s Decision:
- The waiver is approved to allow this particular individual to be placed in an Adult Outpatient Behavioral Health Clinic, despite his age, in order to receive the services that meet his needs. This individual will turn 18 on May 5, 2017, and will then be considered an adult. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.
Date: April 26, 2017
Waiver Request:
- Provider requested a waiver to allow for a satellite clinic to take place in a specific room.
Regulations at Issue:
- 14 NYCRR Section 599.12
Commissioner’s Decision:
- The waiver is approved to allow for the satellite clinic on site to take place in the 65.5 square feet room available. Although the regulation does not specify, the minimum size requirement for an individual therapy room in New York City is 70 square feet. There are no concerns regarding the room size diminishing the rights or the health and safety of clients.
Date: April 6, 2017
Waiver Request:
- Provider requested a waiver to allow for the re-admittance of a particular individual.
Regulations at Issue:
- 14 NYCRR Section 594.8(a)
- 14 NYCRR Section 594(b)(1)
Commissioner’s Decision:
- The waiver is approved to allow for the re-admittance of one particular individual who had been discharged against the clinical treatment team’s advice and is now requesting to return. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.
Date:February 7, 2017
Waiver Request:
- Provider requested to waive specific staffing requirements.
Regulations at Issue:
- 14 NYCRR Section 599.14(d)(1)(ii)(a)
- 14 NYCRR Section 599.14(d)(5)
Commissioner’s Decision:
- The waiver is approved to allow the identified primary physician with mental health training and experience to practice in lieu of a psychiatrist or nurse practitioner in psychiatry for the clinic in question, under consultation with the Medical Director.
Date: January 4, 2017
Waiver Request:
- Provider requested a waiver to allow an individual’s return to a previous community residence until new housing can be located.
Regulations at Issue:
- 14 NYCRR Section 594.8(a)
- 14 NYCRR Section 594(b)
Commissioner’s Decision:
- The waiver is approved to allow for this individual to return to his previous Community Residence until an appropriate housing placement can be located. The individual will not stay past his 19th birthday. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.
Date: December 14, 2016
Waiver Request:
- Provider requested a waiver of specific staffing requirements.
Regulations at Issue:
- 14 NYCRR Section 599.9
Commissioner’s Decision:
- The waiver has been reviewed, but not yet approved. OMH may waive the regulation by approving a specific physician to provide psychiatric services in lieu of a psychiatrist. Approval of this waiver request will be conditional on the acceptance of an identified candidate by the Commissioner and the Bureau of Inspection and Certification.
Date: December 13, 2016
Waiver Request:
- Provider requested a waiver of the admission age due to the mental health needs and developmental limitations of an individual.
Regulations at Issue:
- 14 NYCRR Section 594.8(i)
Commissioner’s Decision:
- The waiver is approved to allow this particular individual to be placed and remain in a Child & Youth Community Residence serving adolescents, despite his age, in order to receive the services that meet his needs. Quarterly progress updates will be required on this individual. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.
Date: October 20, 2016
Waiver Request:
- Provider requested a waiver of the discharge age criteria.
Regulations at Issue:
- 14 NYCRR Section 594.8(i)
Commissioner’s Decision:
- The waiver is approved to allow the extended stay of a particular individual, three weeks past his 19th birthday or until the next identified placement through OPWDD is available for his transition. This waiver applies solely to the treatment of this individual, and any future requests to waive this provision must be submitted to OMH.
Date: September 27, 2016
Waiver Request:
- Provider requested a waiver to provide telepsychiatry services from a hub site outside of an OMH licensed clinic, with a psychiatrist located in an office in close proximity to an OMH clinic.
Regulations at Issue:
- 14 NYCRR Section 599.17(b)(1)
Commissioner’s Decision:
- The waiver is approved and is consistent with the provisions of 14 NYCRR Part 501, as it provides additional flexibility to better meet local service needs while maintaining program quality and integrity. OMH is promulgating a new regulation that expands the use of telepsychiatry in programs that choose to offer this service. When the regulation is adopted as final, this waiver will expire.
Date: June 27, 2016
Waiver Request:
- Provider requested a waiver to extend the stay of a 10-year old boy by 15 days in order to limit transitions and provide the most appropriate level of care for the child.
Regulation at Issue:
- 14 NYCRR Section 588.9(a)(2)
Commissioner’s Decision:
- The waiver is approved to extend the stay of this individual by 15 days in order to meet his clinical needs. This waiver applies solely to the treatment of this individual, and any further requests to waive this provision must be submitted to OMH.
Date: June 7, 2016
Waiver Request:
- Provider requested a renewal waiver to allow commingling of adolescents and adults in eating disorder unit.
Regulation 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.
Date: April 28, 2016
Waiver Request:
- Provider requested a waiver to admit an 18-year old individual in need of treatment to a partial hospitalization program.
Regulation at Issue:
- 14 NYCRR Sections 587.12(g)(2) and 587.4(a)(2)
Commissioner’s Decision:
- A time-limited waiver is approved until the individual’s 19th birthday or return to school, whichever occurs first.
Date: March 22, 2016
Waiver Request:
- Provider requested a renewal waiver of specific billing and certification criteria to be able to continue to provide intensive psychiatric care and services to children.
Regulation at Issue:
- 14 NYCRR Sections 508.4(b), (c), (i), (l) and 508.5(b)(1)(i) and (b)(6)
Commissioner’s Decision:
- Waiver is approved for a two-year period contingent upon several conditions: (1) provider’s successful completion of the re-certification process and maintenance of a valid Article 31 license; (2) provider’s continued development of performance metrics; and (3) provider’s submission of bi-annual reports to the Field Office that highlight ongoing activities with local government and managed care providers.
Date: January 14, 2016
Waiver Request:
- Hospital requested a waiver with respect to staffing in a comprehensive psychiatric emergency program.
Regulation at Issue:
- 14 NYCRR Section 590.8(b)(1)
Commissioner’s Decision:
- The waiver is approved for one year and is predicated on the development of a comprehensive plan to address staffing shortages. In receiving this waiver, the hospital must ensure that the rights, health and safety of clients will not be diminished and the best interests of the clients will continue to be served.
Date: December 8, 2015
Waiver Request:
- Hospital requested a renewal waiver to commingle individuals aged 16 to 23 in a young adult unit.
Regulation at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
- The waiver is denied based on information provided. Request cannot be considered until additional information is submitted.
Date: November 24, 2015
Waiver Request:
- Provider requested a waiver to utilize telepsychiatry equipment at an inpatient hospital to provide services to patients at a clinic.
Regulation at Issue:
- 14 NYCRR Section 599.17(b)(1)
Commissioner’s Decision:
- The waiver is approved with the understanding that compliance with all other regulatory provisions found at Section 599.17 will be ensured.
Date: August 25, 2015
Waiver Request:
- Provider requested a waiver to allow flexibility with respect to the frequency of performance of utilization reviews.
Regulation 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.
Date: August 11, 2015
Waiver Request:
- Provider requested a waiver of specific staffing requirements for a Comprehensive PROS program.
Regulation at Issue:
- 14 NYCRR Section 512.7(d)(2)(i)
Commissioner’s Decision:
- The waiver is approved with conditions: provider continues to employ an adequate and appropriate number of professional staff to operate program; provider ensures that the rights, health, safety of clients will not be diminished and best interests of clients will continue to be served.
Date: May 13, 2015
Waiver Request:
- Provider requested a waiver to commingle adolescents and adults in a specialized inpatient unit for the treatment of individuals with eating disorders.
Regulation at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner’s Decision:
- The 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.
Date: April 8, 2015
Waiver Request:
- Provider sought to waive requirement that two staff members of crisis outreach team be present when crisis intervention services are provided at a site other than CPEP emergency room or crisis residence service.
Regulation at Issue:
- 14 NYCRR Section 590.10(c)(7)
Commissioner’s Decision:
- The waiver is denied due to health and safety concerns.
Date: April 2, 2015
Waiver Request:
- Provider requested a waiver to allow extended treatment time for patients in partial hospital program.
Regulation at Issue:
- 14 NYCRR Section 588.9(a)(2)
Commissioner’s Decision:
- The waiver is approved with conditions. Data must be provided regarding number of individuals utilizing extended length of stay.
Date: February 11, 2015
Waiver Request:
- Provider requested a waiver to admit an 18-year old in need of treatment to a community residence for children and adolescents.
Regulation 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.
Date: February 10, 2015
Waiver Request:
- Provider requested a waiver to enable a community residence undergoing renovations to temporarily allow a third resident to stay in a bedroom approved for use by two people.
Regulation at Issue:
- 14 NYCRR Section 595.15(b)(1)(i)(a)
Commissioner’s Decision:
- The waiver is approved for a period of no more than three months, which is the expected duration of renovations. If renovations are completed sooner, resident will be relocated to a different room, and the bedroom will revert back to a two-person occupancy room only. The community residence must adhere to all other provisions of Part 595, including, but not limited to, the required furnishings for the third individual.
Date: February 4, 2015
Waiver Request:
- Provider requested a waiver to use telepsychiatry equipment to conduct psychiatric assessments for patients located at a distant clinic.
Regulation at Issue:
- 14 NYCRR Section 599.14
Commissioner’s Decision:
- The waiver is approved on the condition that the telepsychiatry initiative meets the standards established in an OMH proposed rule regarding the use of telepsychiatry in OMH-licensed clinics. If the final adopted rule differs from the proposal, it is incumbent upon the provider to ensure compliance with the standards set forth in the final rule.
Date: December 22, 2014
Waiver Request:
- Provider requested a waiver to use telepsychiatry equipment to conduct psychiatric assessments for patients located at a distant clinic.
Regulation at Issue:
- 14 NYCRR Section 599.14
Commissioner’s Decision:
- The waiver is approved with conditions as follows: only OMH-approved equipment is utilized; a nurse must be present with patient during teleconferences; patients will be seen in person by psychiatrist on an established basis; psychiatrist will continue to participate in person at multi-disciplinary meetings/treatment plan reviews; all applicable State and Federal Medicaid requirements are met.
Date: April 15, 2014
Waiver Request:
- Provider requested a waiver to admit a 17 ½ year old in need of treatment to a community residence for adults.
Regulation at Issue:
- 14 NYCRR Section 595.8(a)
Commissioner's Decision:
- The waiver is approved as it has been determined that this is the most appropriate setting to meet the needs of the individual. The waiver pertains solely to this admission.
Date: March 20, 2014
Waiver Request:
- Provider requested a waiver to admit an 18-year old in need of treatment to a community residence for children and adolescents.
Regulation 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 this admission. Program will work diligently to prepare the individual for successful transition by the time of the individual�s 19th birthday, as specified in NYCRR Section 594.8(i).
Date: March 5, 2014
Waiver Request:
- Clinic requested a renewal of a waiver to utilize the services of a physician in lieu of a psychiatrist.
Regulation at Issue:
- 14 NYCRR Part 599
Commissioner's Decision:
- A time-limited waiver is approved until appropriate staff are recruited, but for a period not to exceed the duration of the current operating certificate.
Date: January 22, 2014
Waiver Request:
- Provider requested 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.
Regulation at Issue:
- 14 NYCRR Sections 508.4(a)(2) and 508.5
Commissioner's Decision:
- A limited waiver is approved for entity to serve as a two-year demonstration project.
Date: January 10, 2014
Waiver Request:
- Hospital sought waiver to commingle individuals aged 16 to 23 in a young adult unit.
Regulation at Issue:
- 14 NYCRR Section 580.6(b)(4)
Commissioner's Decision:
- The request is approved with conditions. Policies and procedures addressing patient safety must be developed by provider and approved by OMH. Waivers granted under 14 NYCRR Part 501 are provided for a maximum of three years.
Date: October 30, 2013
Waiver Request:
- Provider sought waiver to allow the continued operation of three additional Extended Observation Beds at the Comprehensive Psychiatric Emergency Program (CPEP).
Regulation at Issue:
- 14 NYCRR Section 590.7(b)(9)
Commissioner's Decision:
- The request is approved. The provider shall continue efforts to facilitate the timely transfer of those individuals in need of inpatient admission and to maximize the use of crisis outreach and case management services in order to avoid admission to the CPEP extended observation beds whenever possible.
Date: September 5, 2013
Waiver Request:
- Provider requested waiver to allow separate clinics to obtain reimbursement for therapy provided to the same client, as long as that client was not receiving that specific service elsewhere.
Regulation at Issue:
- 14 NYCRR Section 599.14(f)
Commissioner's Decision:
- The waiver request is denied. The request does not meet the necessary criteria of 14 NYCRR Part 501. It does not demonstrate an intent to test any new or innovative programs. Receipt of services from two different providers is contrary to the goal of coordination of care and unnecessarily complicates the lines of accountability for quality of care.
Date: May 14, 2013
Waiver Request:
- Provider requested waiver to allow individual to remain in a residential treatment facility beyond the individual's 22nd birthday.
Regulation at Issue:
- 14 NYCRR Section 584.7(d)
Commissioner's Decision:
- A time-limited waiver is approved until January 11, 2013, as it is anticipated that an appropriate discharge setting shall be in place for this individual by that time.
Date: October 5, 2012
Waiver Request:
- Clinic requested a waiver to utilize the services of a physician in lieu of a psychiatrist.
Regulation at Issue:
- 14 NYCRR Section 599.9
Commissioner's Decision:
- A time-limited waiver is approved for a period of one year or until the clinic is fully staffed, whichever occurs first.
Date: September 27, 2012
Waiver Request:
- Provider requested a waiver to increase the number of licensed Comprehensive Psychiatric Emergency Programs (CPEP) extended observation beds.
Regulation at Issue:
- 14 NYCRR Section 590.7(b)(9)
Commissioner's Decision:
- The waiver is approved with conditions. The provider must submit a staffing plan that demonstrates adequate coverage for the expanded programs and a floor plan sketch identifying the space for the additional beds. The provider must continue efforts to facilitate the timely transfer of individuals in need of inpatient admission and maximize the use of crisis outreach and case management services in order to avoid admission to the extended observation beds whenever possible.
Date: September 4, 2012
Waiver Request:
- Provider requested a waiver to continue to operate a satellite clinic within an adult care center that will serve only the residents of the adult home, not the community at large.
Regulation at Issue:
- 14 NYCRR Section 599.5(e)(2)
Commissioner's Decision:
- The waiver is approved as a matter of health and safety of the individuals residing in the adult home.
Date: August 28, 2012
Waiver Request:
- Provider requested a waiver to admit an 18-year old in need of treatment to a community residence for children and adolescents.
Regulation 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.
Date: August 24, 2012
Waiver Request:
- Provider requested a waiver to allow for the use of telepsychiatry between two Article 31 clinics that are operated by the same entity in two different rural areas.
Regulation at Issue:
- 14 NYCRR Section 599.14
Commissioner's Decision:
- The waiver is approved with conditions. This waiver will enable patients and their families to have access to mental health services without having to travel long distances to receive these services. The waiver is contingent upon the provider ensuring that all applicable State and Federal Medicaid requirements are met.
Date: August 22, 2012
Waiver Request:
- Provider requested a waiver to operate a Comprehensive Psychiatric Emergency Program (CPEP) for one year prior to entering into an agreement with a crisis bed provider.
Regulation at Issue:
- 14 NYCRR Section 590.9
Commissioner's Decision:
- The waiver request is denied. A waiver of this provision would violate Mental Hygiene Law Section 31.27(b)(1), which states that each CPEP must provide or contract to provide psychiatric emergency services seven days per week, 24 hours per day, and that such services include crisis residence services. In addition, Mental Hygiene Law Section 31.27(b)(2) requires that each CPEP must submit a plan that includes crisis residence services.
Date: July 31, 2012
Waiver Request:
- Provider requested a waiver to relocate extended observation beds in the Comprehensive Psychiatric Emergency Program.
Regulation at Issue:
- 14 NYCRR Section 590.13(d)(1) and (2)
Commissioner's Decision:
- The waiver request is approved as a matter of patient health and safety.
Date: July 3, 2012
Waiver Request:
- Provider requested a waiver to admit an 18-year old individual in need of treatment to a community residence for children and adolescents.
Regulation at Issue:
- 14 NYCRR Section 594.8(b)
Commissioner's Decision:
- The waiver request is approved as it has been determined this setting would be the most appropriate to meet the clinical and educational needs of the individual. The waiver applies solely to the admission of this individual.
Date: January 20, 2012
Waiver Request:
- Provider requested a waiver of specific billing and certification criteria in order to accomplish the innovative use of Assertive Community Treatment (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 for 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.
Regulation at Issue:
- 14 NYCRR Sections 508.4(a)(2) and 508.5
Commissioner's Decision:
- A limited waiver is approved for entity to serve as a two-year demonstration project.
Date: December 22, 2011
Waiver Request:
- Provider requested a waiver to relocate extended observation beds in the Comprehensive Psychiatric Emergency Program (CPEP) that would establish a discrete CPEP clinical space for children and adolescents that would be separate from the CPEP adult clinical space.
Regulation at Issue:
- 14 NYCRR Section 590.13(d)(1) and (2)
Commissioner's Decision:
- The waiver request is approved as a matter of health and safety of patients.
Date: December 8, 2011
Waiver Request:
- Provider requested a waiver to allow children and adolescents who are receiving mental health services at one clinic to see a child psychiatrist located at another clinic that is 45 miles away.
Regulation at Issue:
- 14 NYCRR Section 599.14
Commissioner's Decision:
- The waiver is denied. 14 NYCRR Section 501.3(a)(2)(i) specifies that a waiver may be granted in situations where the rights, health and safety of clients would not be diminished. The 90-mile round trip for families traveling from one clinic to the other (especially in winter months) is inconvenient as well as potentially hazardous.
Date: December 8, 2011
Waiver Request:
- Provider requested a waiver to relocate some of the extended observation beds in the Comprehensive Psychiatric Emergency Program.
Regulation at Issue:
- 14 NYCRR Section 590.13(d)(1) and (2)
Commissioner's Decision:
- The waiver request is approved as a matter of health and safety of patients and staff.
Date: September 16, 2011
Waiver Request:
- Provider sought to admit a 17-year old to a Partial Hospitalization Program, and requested a waiver of the requirement that Partial Hospitalization Program services provided to children must be separate from those provided to adults.�
Regulation at Issue:
- 14 NYCRR Section 587.12(g)(2)
Commissioner's Decision:
- The waiver request is approved as it has been determined that this setting would be most appropriate to meet the clinical needs of the individual.� The waiver applies solely to the admission of this individual.�
Date: July 15, 2011
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.
Regulation 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 Request:
- Provider sought waiver to allow nurse practitioners, in addition to physicians, to order and examine patients for seclusion and restraint.
Regulation at Issue:
- 14 NYCRR Section 27.7
Commissioner's Decision:
- The request is denied. A waiver of this provision would violate Mental Hygiene Law Section 33.04 which states that orders for restraint must be made by a physician and in writing.
Waiver Request:
- Provider requested waiver to employ a teaching parent couple where one spouse would work full-time within the Teaching Family Home and the other spouse would maintain employment outside of the home.
Regulation at Issue:
- 14 NYCRR Section 594.11
Commissioner's Decision:
- The waiver under 14 NYCRR Part 501 is granted with conditions. It is the expectation of the Office of Mental Health that the parent who works outside of the home will secure a work schedule that is flexible to enable the individual to serve as a backup for the parent working full time in the home. Further, there will be no additional costs associated with this arrangement, and the programmatic needs of the residents will be met.
Waiver Request:
- Provider requested a waiver to allow two clients in a Family Based Treatment Program to continue to remain in the program until the end of the school year.
Regulation at Issue:
- 14 NYCRR Section 594.8(j)
Commissioner's Decision:
- A limited waiver under 14 NYCRR Part 501 is approved until the end of the school year for both individuals.
Waiver Request:
- Clinic provider requested a waiver to allow injectable medications to be administered in a co-located inpatient unit or crisis center instead of the clinic.
Regulation at Issue:
- 14 NYCRR Section 599.8(b)(5)
Commissioner's Decision:
- A limited waiver under 14 NYCRR Part 501 is granted for a period of one year. During this time, the clinic is to develop the capability of providing injectable medications on-site within the clinic and must demonstrate efforts to increase the availability and utilization of this service whenever clinically indicated. During the one-year waiver period, individuals receiving psychotropic medication injections at the inpatient unit or crisis center of the hospital are to be accompanied by a staff member from the clinic.
Waiver Request:
- Provider sought waiver to increase Comprehensive Psychiatric Emergency Program's (CPEP) licensed extended observation beds from six to nine.
Regulation at Issue:
- 14 NYCRR Section 590.7(b)(9)
Commissioner's Decision:
- The waiver request is approved for a one-year period. The provider shall submit a staffing plan to the appropriate Field Office to demonstrate adequate coverage for the expanded program. In addition, the provider must continue efforts to facilitate the timely transfer of those individuals in need of inpatient admission and to maximize the use of crisis outreach and case management services in order to avoid admission to the CPEP extended observation beds whenever possible. The OMH Bureau of Inspection and Certification will issue a new operating certificate to reflect the increased capacity.
Waiver Request:
- Provider requested waiver to allow a resident of a Teaching Family Home Program to remain in the program for more than one year following the resident's 18th birthday.
Regulation at Issue:
- 14 NYCRR Section 594.8(j)
Commissioner's Decision:
- A limited waiver under 14 NYCRR Part 501 is approved until such time as appropriate residential placement for this individual is found.
Waiver Request:
- Provider requested a waiver to allow a physician to be on call at a hospital, rather than on duty, on nights and weekends.
Regulation at Issue:
- 14 NYCRR Section 582.6(a)(5)
Commissioner's Decision:
- The request is denied for reasons of patient safety. This hospital operates an acute care facility with over 100 patients admitted with serious psychiatric and medical problems, which frequently co-occur. Immediate assessment, in person, by a physician is needed to assure proper diagnosis and prudent and safe intervention when acute psychiatric and/or medical problems arise in their patients.
Waiver Request:
- Provider requested a waiver to admit a 19-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.
Regulation 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 needs of the individual. The waiver applies solely to the admission of this individual.
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