§ 807.1 Applicability. Identifies that this Part applies to any program certified by the Office to provide addiction treatment services.

§ 807.2 Legal basis.

§ 807.3 Definitions. Defines the terms used in this Part.

§ 807.4 Policies and Procedures. Identifies the necessary elements of policies and procedures relating to HIV/AIDS screening, testing, confidentiality and staff training.

§ 807.5 Infection Control Plan. Defines the elements of an infection control plan.

§ 807.6 HIV related testing and prevention. Identifies the requirements for HIV testing and prevention counseling in OASAS programs.

§ 807.7 Non-Discrimination. Clarifies that programs are prohibited from denying services/admission or terminating care on the basis of HIV status.

§ 807.8 Confidentiality and Disclosure of HIV related Information. Defines the legal rules around confidentiality and disclosure of HIV related protected health information.

§ 807.9 HIV related staff training and education. Defines the mandatory education and training requirements for staff relating to HIV.

A copy of the full text of the regulatory proposal is available on the OASAS website at: http://www.oasas.ny.gov/regs/index.cfm

The proposed rule repeals Parts 309, 1070 and 1072, outdated regulations that went into effect before the creation of the Office of Alcoholism and Substance Abuse Services, when the agency was still divided between the Division of Alcoholism and Alcohol Abuse (DAAA) and the Division of Substance Abuse Services (DSAS) and adds a new Part 807. Outdated regulations are being consolidated and updated under Chapter XXI of Title 14. This rule will not impact technology, economic conditions, staffing or other factors as OASAS programs already have HIV screening, testing and confidentiality policies in place.

1. Statutory Authority:

(a) Section 19.07 of the Mental Hygiene Law (MHY) authorizes the commissioner to adopt standards including necessary rules and regulations pertaining to chemical dependence treatment services.

(b) Section 19.09(b) of the MHY authorizes the commissioner to adopt regulations necessary and proper to implement any matter under his/her jurisdiction.

(c) Section 32.07(a) of the MHY authorizes the commissioner to adopt regulations to effectuate the provisions and purposes of Article 32 of the MHY.

(d) Article 27-F of the Public Health Law (PBH) defines the rules governing HIV testing, treatment and confidentiality/disclosure in New York.

2. Legislative Objectives: The MHY authorizes the Commissioner to adopt regulations for chemical dependence treatment programs. Article 27F of the PBH defines the responsibilities for all programs, including those certified under the MHY, to provide HIV testing and to protect confidential HIV related information.

3. Needs and Benefits: The Proposed Rule repeals outdated regulations from the Division of Alcoholism and Alcohol Abuse (DAAA) and the Division of Substance Abuse Services (DSAS) and consolidates and updates regulatory requirements under OASAS (Chapter XXI). Pursuant to the PBH, OASAS certified programs are required to provide HIV testing and protect confidential HIV related information, in accordance with Article 27F. The proposed regulation outlines the requirements for all OASAS certified programs pursuant to the PBH.

4. Costs: The Office anticipates no fiscal impact on providers or local governments, job creation or job loss.

5. Paperwork: The proposed regulatory amendments will not require additional paperwork.

6. Local Government Mandates: This regulation imposes no new mandates on local government.

7. Duplications: This proposed rule does not duplicate any state or federal statute or rule.

8. Alternatives: The alternative is to leave outdated regulations in place.

9. Federal Standards: These amendments do not conflict with federal standards.

10. Compliance Schedule: These regulations 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. This rulemaking proposal has been reviewed and approved July 26, 2018 by the Behavioral Health Services Advisory Council consisting of affected OASAS providers of all sizes from diverse municipalities, and including local governments. The proposal is supported by providers because it simply updates and consolidates outdated regulations.

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. This rulemaking proposal has been reviewed and approved July 26, 2018 by the Behavioral Health Services Advisory Council consisting of affected OASAS providers of all sizes from diverse municipalities, and including local governments. The proposal is supported by providers because it simply updates and consolidates outdated regulations.

OASAS is not submitting a Job Impact Statement for this rulemaking. OASAS does not anticipate a substantial adverse impact on jobs and employment opportunities because OASAS programs are already screening and testing for HIV.