1. Statutory Authority:

§ 841.2 Legal base

(a) Section 19.07(c) of the Mental Hygiene Law provides that the Office of Alcoholism and Substance Abuse Services is responsible for seeing that persons who abuse or are dependent on alcohol and/or substances and their families are provided with care and treatment which is effective and of high quality.

(b) Section 19.07(e) of the Mental Hygiene Law authorizes the Commissioner to adopt standards including necessary rules and regulations pertaining to addiction services.

(c) Section 19.09(b) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations necessary and proper to implement any matter under their jurisdiction.

(d) Section 19.20 of the Mental Hygiene Law charges the Office with reviewing the criminal history information concerning prospective employees of OASAS providers.

(e) Section 19.20-a of the Mental Hygiene Law authorizes the Office to receive criminal history information from the division of Criminal Justice.

(f) Section 19.21(b) of the Mental Hygiene Law charges the Office with enforcement of facilities and staff for chemical dependence facilities.

(g) Section 19.40 of the Mental Hygiene Law authorizes the Commissioner to issue operating certificates for the provision of chemical dependence services.

(h) Section 22.07(c) of the Mental Hygiene Law authorizes the Commissioner to adopt rules and regulations to ensure that the rights of individuals who have received or are receiving chemical dependence services are protected.

(i) Section 32.01 of the Mental Hygiene Law authorizes the Commissioner to adopt any regulation reasonably necessary to implement and effectively exercise the powers and perform the duties conferred by Article 32 of the Mental Hygiene Law.

(j) Section 32.02 of the Mental Hygiene Law authorizes the Commissioner of the Office to adopt regulations necessary to ensure quality services to those suffering from problem gambling disorder.

(k) Section 32.07(a) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations to effectuate the provisions and purposes of Article 32 of the Mental Hygiene Law.

(l) Section 33.16 of the Mental Hygiene Law authorizes the Commissioner to adopt regulations necessary to regulate access to clinical records.

(m) Section 33.23 of the Mental Hygiene Law governs incident reporting.

(n) Section 33.25 of the Mental Hygiene Law governs the release of records pertaining to allegations an investigations of abuse and mistreatment.

(o) Section 296 of the Executive Law governs the unlawful discriminatory practices in relation to credit.

(p) Section 491 of the Executive Law authorizes the Office to enter into any agreement or contract with private or public agencies, corporations or individuals necessary to carry out the provisions of the Article.

(q) Section 495 of the Executive Law authorizes the state inspector general with duties and responsibilities related to incident reporting.

(r) Article 23-A of the Corrections Law relates to the licensure and employment of persons previously convicted of one or more criminal offenses.

(s) Protection of People with Special Needs Chapter 501 of the Laws of 2012 establishes the Justice Center for the Protection of People with Special Needs.

2. Legislative Objectives: The legislature has authorized OASAS to establish regulations governing the incident reporting in OASAS certified, licensed, funded or operated services, and this amendment updates terminology and aligns the regulatory language with current practice.

3. Needs and Benefits: The purpose of the proposed rule is that it brings the regulatory language in Part 841 in alignment with current and less stigmatizing terminology (such as OASAS/Office of Addiction Services and Supports) and clarifies reporting requirements in the regulation. OASAS worked closely in conjunction with the Justice Center to clarify and simplify this language. The clarification of the reporting requirements provides the benefit of enabling providers to better understand the requirements, and therefore better able to follow the requirements.

4. Costs: No additional administrative costs to the agency and/or providers are anticipated.

5. Paperwork: There is no additional paperwork beyond what is already required.

6. Local Government Mandates: There are no new local government mandates.

7. Duplication: This proposed rule does not duplicate, overlap, or conflict with any State or federal statute or rule.

8. Alternatives: The alternative is to leave the regulation as it currently reads, with outdated language.

9. Federal Standards: This regulation does not conflict with federal standards.

10. Compliance Schedule: This rulemaking will be effective upon publication of a Notice of Adoption in the State Register.

OASAS has determined that the rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments because the amended regulation does not impose any new requirements on providers, in fact it reduces administrative burden.

OASAS has determined that the rule will not impose any adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas because the changes do not impose any new requirements, they actually seek to reduce administrative burden.

No change in the number of jobs and employment opportunities is anticipated as a result of the proposed amendments to Part 836, mainly because the changes only update and clarify existing language.

As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2027, which is no later than the 5th year after the year in which this rule is being adopted.

The agency received no public comment.