PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

This is a consensus rule making to amend section 624.5(c)(1)(iii) of Title 14 NYCRR.

Requirements pertaining to the investigation and review of serious reportable incidents and abuse allegations.

To clarify the effective date of recently promulgated regulations.

Subparagraph 624.5(c)(1)(iii) is amended as follows:

(iii) For serious reportable incidents and allegations of abuse that occurred or were discovered on or after November 1, 2011 [the date that this regulation becomes effective]:

Barbara Brundage, Director, Regulatory Affairs Unit, OPWDD, 44 Holland Avenue, Albany, New York 12229, (518) 474-1830, email: [email protected]

Same as above.

45 days after publication of this notice.

Pursuant to the requirements of the State Environmental Quality Review Act, OPWDD, as lead agency, has determined that the action described herein will have no effect on the environment, and an E.I.S. is not needed.

OPWDD recently promulgated regulations pertaining to the investigation and review of serious reportable incidents and abuse allegations. A provision within these regulations states that the regulations apply to serious reportable incidents and allegations of abuse that were discovered on or after “the date that this regulation becomes effective.” For the purpose of clarification, OPWDD is proposing to amend the regulations to replace the language in quotations with the actual effective date of the recently promulgated regulations, November 1, 2011.

OPWDD has determined that due to the nature and purpose of this amendment no person is likely to object to the rule as written.

A Job Impact Statement for these proposed amendments is not being submitted because OPWDD does not anticipate a substantial adverse impact on jobs and employment opportunities. The amendments merely clarify the effective date of regulations that were recently promulgated concerning requirements for the investigation and review of serious reportable incidents and abuse allegations. Providers are already aware of the effective date of these regulations; however, OPWDD is proposing to insert it into regulations in order to prevent any future confusion among providers related to the applicability of the previously adopted regulations. It is therefore apparent that there will not be a substantial adverse impact on jobs and employment opportunities.