Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act (SAPA), notice is provided of the following rules that the Office for People With Developmental Disabilities (OPWDD) is considering proposing, but for which a rule making proceeding has not begun. All following references to regulatory provisions are to Title 14 of the New York Code of Rules and Regulations. Please note that the regulatory plans of OPWDD are subject to change. OPWDD reserves the right to add, delete, or modify items appearing on this list. Further, as indicated in SAPA section 202-d (2), OPWDD is not required to propose or adopt any rule listed on a regulatory agenda and may propose or adopt a rule that has not been listed on an agenda.

Publication of this notice is intended to further assure that small businesses, local governments, and public and private interests in rural areas are given an opportunity to participate in the rule making process, as provided by sections 202-b and 202-bb of SAPA. Each rule listed below may require a regulatory flexibility analysis or a rural flexibility analysis, pursuant to SAPA sections 202-b and 202-bb, respectively.

The public is welcome to send written comments regarding this regulatory agenda to the agency representative indicated at the end of this list.

The following rules are under consideration for submission as a Notice of Proposed Rulemaking during the calendar year 2022:

DESCRIPTION OF THE RULE SUBJECT MATTER Title 14 NYCRR (Mental Hygiene)

Health Care Proxy revisions - to amend 14 NYCRR 633.20 to add Nurse Practitioners and Physician Assistants as authorized to perform specified functions.

Objection to Services Updates - to streamline and standardize processes for objecting to services pursuant to 14 NYCRR 633.12.

Life Safety Code - to implement updates in Life Safety and Emergency Planning.

Supported Decision-Making - to implement supported decision-making practices.

Delegation of Nursing Tasks to Direct Support Professionals - to implement changes to the Nurse Practice Act.

Repeal Rate Appeal Processes - to repeal processes for appealing rate methodologies as this function now rests with the Department of Health.

Repeal of Rate Setting Authority - to repeal rates and rate setting methodologies as rulemaking authority for rates now rests with the Department of Health.

Rate Setting for Specialty Hospitals – to update regulatory authority regarding rate setting methodology for specialty hospitals consistent with State Plan authority.

Intermediate Care Facilities (ICF) Closure and Conversions - to require ICF conversion compliance as necessary.

Day Habilitation with/ without Walls – to define programmatic standards for day habilitation with/ without walls.

Care Coordination/Basic HCBS Regulatory updates – to amend current regulatory language to reflect the changes due to Health Homes/Care Coordination.

General Regulatory Relief – to implement amendments to outdated regulatory processes in order to provide resource relief to OPWDD regulated providers.

Supported Employment (SEMP) – to amend the regulation to have tracking requirements reported on a calendar, rather than based on date of hire.

Limits on Administrative Expenses and Executive Compensation – to repeal 14 NYCRR 645 due to the recission of Executive Order 38.

Care Demonstration Program – to establish policy and procedures for the Care demonstration program pursuant to Chapter 670 of the Laws of 2021.

Training Flexibilities – to add 14 NYCRR Part 633.27 to allow for training flexibilities, including abbreviated trainings and extended time for recertifications during a State Disaster Emergency.

Operation of Community Residences – to revise 14 NYCRR Part 686.

Employment Regulations –review and revise, if necessary, regulations in order to enhance vocational, educational, employment, and training programs for individuals with intellectual and/or developmental disabilities.

Contact person: Mary Beth P. Babcock, Deputy Counsel, Office for People With Developmental Disabilities, Office of Counsel, Bureau of Policy and Regulatory Affairs, 44 Holland Ave., 3rd Fl., Albany, NY 12229, (518) 474- 7700, e-mail: [email protected]

This agenda is also posted on the OPWDD website at: www.opwdd.ny.gov