§ 830.3 Definitions. Amended to use the term “telehealth” instead of “telepractice”; removal of definitions already contained in other OASAS regulations to streamline regulatory provisions; amend definition of designation to include references to appropriate standards and guidance issued by the Office and add definition of a program endorsement.

§ 830.4 Acupuncture. Clarify language to remove contradicting provisions.

§ 830.5 Telehealth. Update terminology to use telehealth in place of telepractice and reference practitioners included in the public health law and corresponding regulations.

§ 830.6 LGBTQ Program Endorsement. Amend to reference the appropriate documentation required for application for the endorsement including the program self-assessment tool.

A revised regulatory impact statement is not required for this regulation because changes to the regulation do not necessitate a revised regulatory impact statement.

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 because services delivered via telehealth are already included in the regulation and services may already be authorized by submitting the designation to the Office. Additionally, all designation’s, including the new LGBTQ Program Endorsement, in the regulation are optional for providers that are already certified by the Office.

OASAS has determined that the revised 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 because services delivered via telehealth are already included in the regulation and services may already be authorized by submitting the designation to the Office. Additionally, all designation’s, including the new LGBTQ Program Endorsement, in the regulation are optional for providers that are already certified by the Office.

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 services delivered via telepractice are already included in the regulation and services may already be authorized by submitting the designation to the Office. Additionally, all designation’s, including the new LGBTQ Program Endorsement, in the regulation are optional for providers that are already certified by the Office.

Public comment included the following requests, recommendations and questions:

Comment: Amend the definition of telecommunications to include text messages and/or remove references to audio and/or visual.

Response: Provision of service delivery via telehealth does not include text messages. Currently, telehealth must be provided using an audio and visual telecommunication connection. Audio only services may only be permitted during the declared disaster emergency due to COVID-19.

Comment: Add a definition for program endorsement.

Response: OASAS has added a definition for program endorsement.

Comment: Identify skills and qualifications for the LGBT Liaison.

Response: OASAS will provide additional information in the updated LGBT Local Services Bulletin.

Comment: Are peers and unlicensed staff permitted to provide services via telehealth if such services are not reimbursable?

Response: These staff may deliver services during the disaster emergency due to COVID-19 or per additional statutory or regulatory action.

Comment: Will an updated Telehealth Standards documents be issued by OASAS?

Response: Yes.

Comment: Where may providers obtain program endorsement standards?

Response: Standards will be posted on the OASAS website or may be obtained by emailing [email protected].

Comment: Will program endorsements impact reimbursement rates?

Response: No. Plans are obligated to cover addiction services by certified, approved or otherwise authorized programs.

Comment: Will efforts of Diversity and Inclusion Committees be recognized as meeting the requirements for a program endorsement?

Response: No. All programs seeking the endorsement must meet the criteria outlined in the applicable standards document and submit the required application.

Comment: How shall programs actively recruit LGBTQ staff without violating applicable laws which restrict the information an employer may request from potential applicants?

Response: There are many opportunities to increase workplace diversity, programs should consult with their own counsel and Human Resources departments.

Comment: What is an identified space for purposes of distant and originating site definitions?

Response: Programs must incorporate into their policies and procedures appropriate patient and practitioner spaces, which may be utilized for delivery of telehealth services, in accordance with the regulatory definitions and Telehealth Standards.

Comment: Providers requested OASAS either remove provisions which would allow for an on-site visit when a certified program requests a designation or mandate such onsite visit.

Response: OASAS maintains the right to make an on-site visit, which may also be conducted virtually, when reviewing applications for any designation.