The regulations eliminate provision of previously allowed off-site delivery of OPWDD certified Article 16 clinic services to individuals with developmental disabilities effective April 1, 2016. The off-site locations included OPWDD certified residential and day programs and other, non-certified, sites in the community.

The regulations specify that Article 16 clinic services must only be delivered at sites that are specifically certified to provide those services. The regulations clarify requirements pertaining to satellite sites where on-site clinic services may be provided. The regulations clarify that the satellite sites can occupy dedicated or designated spaces and can be co-located with another OPWDD certified or funded non-residential program or services under certain conditions.

The regulations also include requirements pertaining to the provision of IPSIDD on and after the effective date of the regulations. IPSIDD services are limited to physical, occupational, and speech therapy; social work; and psychology services that may be provided to individuals in service arrangements subject to prior authorization from OPWDD. The regulations identify requirements on applicability and service definition; eligibility and enrollment of individuals; qualifications for independent practitioners to provide the service; and general provisions for service delivery.

The regulations include amendments to update the name of OPWDD (from OMRDD) and to update the definition of developmental disability in accordance with the updated definition in Mental Hygiene Law section 1.03. The regulations also include corrections to a number of cross references and minor grammar and punctuation edits.

The regulations are being revised to accommodate a later effective date and to clarify the intent of certain requirements in response to public comments. The revisions clarify requirements concerning 1) the prohibition of duplicative services; 2) the coordination of the provision of clinical services funded through IPSIDD; and 3) the provision of behavioral intervention and support services that are directly related to the residential habilitation plan.

The only changes made to the rule text are as follows: Throughout the rule, the references to the effective date of the regulations are replaced with “April 1, 2016.”

This change does not necessitate revisions to the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Business and Local Governments, Rural Area Flexibility Analysis or Job Impact Statement.