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: July 2, 2025
Waiver Request:
Provider is requesting to waive the requirement to have a psychiatrist for a least one-fifth of operating or full-time employee hours, and in addition, the requirement which mandates the staffing of a psychiatrist unless a qualified physician is approved due to unavailability or alternatively a plan is approved to provide an equivalent level of care.
Regulations at Issue:
14 NYCRR 587.15
14 NYCRR 587.20(a)
Commissioner's Decision:
Date: June 25, 2025
Waiver Request:
Comprehensive Psychiatrist Emergency Program provider requested to waive the requirement for a full-time psychiatrist to be on-duty and available at all times.
Regulations at Issue:
14 NYCRR 590.10(c)(1)
Commissioner's Decision:
Date: April 28, 2025
Waiver Request:
Provider is requesting to waive the requirements for a Children’s Community residence with eight permanent beds to assign at least two direct care staff for coverage during peak hours.
Regulations at Issue:
14 NYCRR 594.11(C)(H)
Commissioner's Decision:
The request has been formally withdrawn.
Date: April 28, 2025
Waiver Request:
Provider is requesting to waive the requirement for an adult CREDIT program 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 595.12(G)(1)
Commissioner's Decision:
This waiver is effective through March 31, 2028.
Date: April 21, 2025
Waiver Request:
Provider is requesting a waiver renewal for a Physician's Assistant to treat new and existing clients.
Regulations at Issue:
14 NYCRR 599.6(7)(xix)
Commissioner's Decision:
This waiver is approved through May 31, 2028.
Date: April 21, 2025
Waiver Request:
Provider is requesting to waive space requirements, to allow the use of rooms that fall slightly below the required square footage in order to reallocate space within the facility for living, dining and or recreational areas.
Regulations at Issue:
14 NYCRR 589.13(C)(4)
Commissioner's Decision:
The request is approved consistent with the provisions of 14 NYCRR Part 501. The waiver will be in effect for one year from the effective date of the operating certificate and applies solely to the referenced program and proposed site.
Date: April 15, 2025
Waiver Request:
Provider is requesting approval for two Physician Assistants to treat new and existing clients.
Regulations at Issue:
14 NYCRR Section 599.6(c)(7)(xix)
Commissioner's Decision:
This waiver is approved through October 31, 2026.
Date: April 10, 2025
Waiver Request:
An agency is requesting waiver approval to operate an Adolescent CREDIT Program with a bed capacity of 14, which exceeds the maximum licensed capacity of 8 by 6 beds.
Regulations at Issue:
14 NYCRR SECTION 594.5(g)(2)
Commissioner's Decision:
This waiver is approved through April 30, 2026.
Date: March 19, 2025
Waiver Request:
Provider requested a waiver to retain a 19-yr old in their adolescent unit until their projected discharge date of July 31, 2025.
Regulations at Issue:
14 NYCCR Section 594.8(i)
Commissioner's Decision:
This waiver is approved through July 31, 2025.
Date: March 19, 2025
Waiver Request:
Provider requested a waiver to hire a Therapeutic Recreational Therapist.
Regulations at Issue:
14 NYCRR Section 584.10(e)(2)
14 NYCCR Section 548.10(f)(7)
14 NYCCR Section 584.21(a)(3)
Commissioner's Decision:
This waiver is approved through February 28, 2026.