I. Background:

Section 207 of the State Administrative Procedure Act requires that any rule adopted by a State agency after 1996 be reviewed after five years, and thereafter, at five-year intervals. The purpose of the review is to establish whether or not the rule should be continued or modified.

In accordance with this statutory requirement, the New York State Office of Mental Health (OMH) hereby gives notice of the rules which were adopted by OMH during the calendar years 2003 and 1998. Note: Rulemakings which resulted in repeal of a Part, emergency rulemakings and other rules which have expired are not subject to rule review.

The public is invited to review and comment on the continuation or modification of any or all of the listed rules. Comments should be submitted in writing, no later than May 1, 2008, to Sue Watson, Office of Counsel, Bureau of Policy, Regulation and Legislation, NYS Office of Mental Health, 44 Holland Avenue, Albany, New York 12229 or via e-mail at [email protected].

II. Rule Review

1. #OMH-15-03-00005-A Operation of Residential Treatment Facilities for Children and Youth. State Register Publication Date: September 3, 2003.

Purpose: Amendment of Section 584.5(e) of Title 14 NYCRR to continue the temporary increase in the capacity of certain residential treatment facilities (RTF) to serve the needs of emotionally disturbed children and youth.

Analysis of Need: In 2000, the Office of Mental Health determined that an increase was needed in the existing RTF capacity serving seriously emotionally disturbed children and youth who reside in New York City. At that time, the regulations in effect specified RTF bed capacity serving primarily New York City residents could be temporarily increased until September 30, 2002, by up to ten additional beds over the maximum of 56 per facility otherwise allowed by the regulation. Due to development delays in the implementation of residential alternatives, the expiration date needed to be changed to September 30, 2003. Therefore, the amendment was required to permit the continued necessary increase in RFT capacity until September 30, 2003. The issue has been the subject of review over subsequent years and has resulted in several changes in the expiration date. The current amendment filed in 2007 extends the expiration date until September 30, 2010.

Legal Base: Sections 7.09(b), 31.04(a)(2) and 31.26(b) of the Mental Hygiene Law grant the Commissioner the power and responsibility to adopt regulations that are necessary and proper to implement matters under his/her jurisdiction, to set standards of quality and adequacy of facility, and to adopt regulations governing residential treatment facilities for children and youth, respectively.

2. #OMH-26-03-00008-A Outpatient Programs. State Register Publication Date: October 15, 2003.

Purpose: Amendment of Sections 592.3, 592.4, 592.7, 592.8 and 588.14 of Title 14 NYCRR to allow for the conversion of the net deficit financing for intensive psychiatric rehabilitation treatment (IPRT) programs and partial hospitalization programs, to allow for adjustments in the comprehensive outpatient programs (COPS) rates, and increase the community support program unit of service ceiling.

Analysis of Need: The amendments to this regulation streamlined and updated the COPS methodology consistent with the 2001–2002 enacted State budget; permitted IPRT and Partial Hospitalization Programs that met the additional requirements placed upon COPS to receive supplemental Medicaid payments; converted net deficit financing for IPRT and Partial Hospitalization Programs who met these requirements to Medicaid in recognition of the reimbursable costs associated with COPS program requirements; and eliminated the need for yearly amendments to the COPS regulations by changing the rate cap reference to a rate cap as directed by the Commissioner of Mental Health and approved by the Director of the Division of Budget. The changes allowed providers to achieve efficiencies in the operation of their outpatient treatment programs without a need for a reduction of services.

Legal Base: Section 7.09(b) of the Mental Hygiene Law grants the Commissioner of the Office of Mental Health the authority and responsibility to adopt regulations that are necessary and proper to implement matters under his/her jurisdiction.

Section 31.04(a) of the Mental Hygiene Law provides that the Commissioner shall have the power to adopt regulations to effectuate the provisions and purposes of Article 31.

Section 41.13(3) of the Mental Hygiene Law provides that a local government shall direct and administer a local comprehensive plan for mentally disabled residents of its area.

Section 41.15(a) of the Mental Hygiene Law provides that net operating costs of programs incurred pursuant to an appropriate plan and approved by the Commissioner shall be eligible for the state aid.

Section 43.02(a) of the Mental Hygiene Law provides that payments under the medical assistance program for outpatient services at facilities licensed by the Office of Mental Health shall be at rates certified by the Commissioner of Mental Health and approved by the Director of Budget.

Sections 364(3) and 364-a(1) of the Social Services Law give the Office of Mental Health responsibility for establishing and maintaining standards for medical care and services in facilities under its jurisdiction, in accordance with cooperative arrangements with the Department of Health.

Chapter 54 of the Laws of 2001, the enacted budget for New York State Fiscal Year 2001–2002, and Chapter 54 of the Laws of 2002, the enacted budget for Fiscal Year 2002–2003, provide for payment by the Office of Mental Health of state financial assistance, net of disallowances, for community mental health programs pursuant to Article 41 and other provisions of the Mental Hygiene Law.

3. #OMH-41-03-00003-A Medical Assistance Payment for Outpatient Programs. State Register Publication Date: December 24, 2003.

Purpose: Amendment of Part 588 of Title 14 NYCRR to increase the Medicaid rate schedule associated with outpatient programs licensed under Article 31 of the Mental Hygiene Law.

Analysis of Need: The amendments increased the Medicaid rates associated with outpatient treatment programs consistent with the enacted 2002–2003 State budget. The changes avoided a reduction in services that would have otherwise taken place.

Legal Base: Subdivision (b) of Section 7.09 of the Mental Hygiene Law grants the Commissioner of the Office of Mental Health the authority and responsibility to adopt regulations that are necessary and proper to implement matters under his/her jurisdiction.

Subdivision (a) of Section 31.04 of the Mental Hygiene Law empowers the Commissioner to issue regulations setting standards for licensed programs of the provision of services for persons with mental illness.

4. #OMH-11-97-00023-A Rights of Patients. State Register Publication Date: January 7, 1998.

Purpose: Amendment to Part 527 of Title 14 NYCRR with regard to the needs of non-English speaking persons seeking or receiving mental health services.

Analysis of Need: The purpose of this rule was to help facilitate the ability of non-English speaking persons seeking or receiving services in facilities licensed or operated by OMH to have full access to mental health services. Since its adoption in 1998, no concerns or issues have been raised with regard to this rule by regulated parties.

Legal Base: Section 7.09(i) of the Mental Hygiene Law directs the Commissioner of Mental Health to promulgate rules and regulations to address the communication needs of non-English speaking individuals seeking or receiving services in facilities operated by or licensed by OMH.

Section 31.04(a) of the Mental Hygiene Law empowers the Commissioner to issue regulations setting standards for licensed programs for rendition of services for persons with mental illness.