Regulations
Notice and Disclaimer
While the New York State Office of Mental Health (OMH) makes every effort to post accurate and reliable information, it does not guarantee or warrant that the regulations posted on this web site are complete, accurate or up-to-date. This posting is not intended to replace official publication of regulations in the New York State Register, published by the New York State Department of State. The New York State Office of Mental Health assumes no responsibility for the use or application of any regulations posted here. This web site is intended solely for the purpose of electronically providing the public with convenient access to data resources. The New York State Office of Mental Health assumes no responsibility for any error, omissions or other discrepancies between the electronic and printed versions of documents. Furthermore, the New York State Office of Mental Health cannot provide individual legal advice or counseling. If you are seeking specific legal advice in relation to these regulations, you should contact a licensed attorney in your local community.
The New York State Department of State provides free access to all New York State regulations online at http://www.dos.ny.gov/info/nycrr.html 
. OMH's regulations are included in Title 14 of the New York Codes, Rules and Regulations (NYCRR). Please note that these online regulations are an unofficial version and are provided for informational purposes only. No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. Due to the timing of the posting process, the regulations posted on the Department of State website may not reflect the most current version of OMH regulations. For more information, please contact OMH's Bureau of Policy, Regulation and Legislation at (518) 473-6945.
Part 501 of Title 14 NYCRR grants the Commissioner the ability to waive regulatory requirements for purposes of testing innovative programs that may increase the efficiency and effectiveness of operations or providing additional flexibility to better meet local service needs while maintaining program quality and integrity.
Instructions | Waiver Request Form
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Proposed | Emergency | Adoption
The regulations in this section have been proposed through publication of a notice in the State Register. They are currently undergoing the public review process. After OMH has received and considered public comment on the proposed rules, a Notice of Adoption must be filed with the Department of State before they are effective.
- Parts 580, 582 and 587 - Behavioral Health Organization Implementation
(OMH Text | State Register Notice
)
A proposed rule making amending 14 NYCRR Parts 580, 582 and 587 has been filed with the Department of State. The rule serves to clarify the expectations of the Office of Mental Health with respect to the Behavioral Health Organization (BHO) implementation and to notify providers of services of their responsibilities as a result of the BHO implementation. The Notice of Proposed Rule Making appeared in the State Register on January 18, 2012. Public comments will be accepted until March 3, 2012. - Part 553 - Visitation and Inspection of Facilities
(OMH Text | State Register Notice )
A proposed rule making creating a new 14 NYCRR Part 553 has been filed with the Department of State. This rule serves to repeal and replace the outdated 14 NYCRR Part 71 and includes provisions for using secondary agents to conduct inspections on behalf of OMH, consistent with Mental Hygiene Law Section 31.08. The Notice of Proposed Rule Making appeared in the State Register on January 4, 2012. Public comments will be accepted until February 18, 2012. - Part 599 - Clinic Treatment Program
(OMH Text | State Register Notice )
A proposed rule making amending 14 NYCRR Part 599 has been filed with the Department of State to clarify existing regulations and incorporate relatively minor program modifications. Further, the rule will enable providers to bill for off-site Crisis Intervention-Brief Services for all Medicaid recipients and for certain off-site services for children up to age 19 on a Federally non-participating basis until such time as Federal approval is granted. The Notice of Proposed Rule Making appeared in the State Register on November 16, 2011. Public comments will be accepted until December 31, 2011.
This section includes amendments that have been adopted as Emergency Regulations. Emergency rules are effective on the date they are filed, based on a finding by OMH that immediate adoption of the rule is necessary for the preservation of the public health, safety or general welfare and that compliance with the requirements of the Notice of Proposed Rulemaking process would be contrary to the public interest.
- Part 599 - Clinic Treatment Program
(OMH Text)
This second Notice of Emergency Adoption is needed to clarify existing regulations and incorporate relatively minor program modifications. The rule will enable providers to bill for off-site Crisis Intervention-Brief Services for all Medicaid recipients, and for certain off-site services for children up to age 19 on a Federally non-participating basis. This emergency adoption was filed with the Department of State on January 30, 2012, and will expire on March 29, 2012. - Parts 580, 582 and 587 - Behavioral Health Organization Implementation
(OMH Text | State Register Notice )
This Notice of Emergency Adoption is needed to clarify the expectations of the Office of Mental Health with respect to the Behavioral Health Organization (BHO) implementation and to notify providers of services of their responsibilities as a result of the BHO implementation. OMH has also filed a Notice of Proposed Rule Making with the Department of State. The Emergency Adoption was filed with the Department of State on December 30, 2011, and will expire on March 29, 2012. - Part 599 – Clinic Treatment Programs
(OMH Text | State Register Notice )
This Notice of Emergency Adoption is needed to clarify existing regulations and incorporate relatively minor program modifications. Further the rule will enable providers to bill for off-site Crisis Intervention-Brief Services for all Medicaid recipients, and for certain off-site services for children up to age 19 on a Federally non-participating basis until such time as Federal approval is granted. This emergency adoption was filed with the Department of State on November 1, 2011, and will expire on January 30, 2012.
The regulations in this section have undergone the public review process and have been adopted as permanent rules. Adopted regulations will be available on this site for one year from the date they were adopted as permanent rules. Once removed from this list, an unofficial version of all permanent OMH regulations can be accessed through the Department of State website at http://www.dos.ny.gov/info/nycrr.html .
- Part 577 – Rates of Reimbursement - Hospitals Licensed by the Office of Mental Health
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 577 by freezing rates of payments to freestanding psychiatric centers licensed under Article 31 of the Mental Hygiene Law effective January 1, 2012. The rule was adopted as final on January 18, 2012. - Part 580 – Operation of Psychiatric Inpatient Units of General Hospitals
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 580 by prohibiting the commingling of adults and children receiving services in groups in hospitals licensed by the Office of Mental Health. The rule was adopted as final on November 16, 2011. - Part 578 – Medical Assistance Rates of Payment for Residential Treatment Facilities for Children and Youth
(OMH Text | State Register Notice )
The rule amended 14 NYCRR Part 578 by freezing the rate of payments received by residential treatment facilities for children and youth effective 7/1/11. The rule also amends the reimbursement methodology for eligible pharmaceutical costs (contingent upon Federal approval). The rule was adopted as final on November 2, 2011. - Part 588 - Medical Assistance Payment for Outpatient Programs
(OMH Text | State Register Notice )
The rule amended 14 NYCRR Part 588 by implementing a 1.1% Medicaid fee reduction of the operating rate of Continuing Day Treatment (CDT) Programs. The rule was adopted as final on November 2, 2011. - Part 594 - Operation of Licensed Housing Programs for Children and Adolescents with Serious Emotional Disturbances; Part 595 - Operation of Residential Programs for Adults
(OMH Text | State Register Notice )
The consensus rule amended 14 NYCRR Parts 594 and 595 by updating safety standards for residential programs with respect to the use of carbon monoxide detectors. The rule was adopted as final on November 2, 2011. - Part 512 – Personalized Recovery Oriented Services; Part 588 – Medical Assistance Payment for Outpatient Programs; Part 591 – Medical Assistance Payments for Comprehensive Psychiatric Emergency Programs
(OMH Text | State Register Notice )
This rule amended 14 NYCRR Parts 512, 588 and 591 by implementing a 1.1% Medicaid fee reduction for several OMH–licensed programs including: Personalized Recovery Oriented Services Programs, Day Treatment Programs, Partial Hospitalization Programs, Intensive Psychiatric Rehabilitation Treatment Programs, and Comprehensive Psychiatric Emergency Programs. The rule was adopted as final on October 19, 2011. - Part 585 - Standards for Family Care Homes
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 585 by clarifying an issue regarding admission to a Family Care Home. The rule also provides direction concerning lighting within the home. The rule was adopted as final on July 27, 2011. - Part 585 (New) and Part 87 (Repeal) - Standards for Family Care Homes
(OMH Text | State Register Notice )
This consensus rule created a new 14 NYCRR Part 585 and repealed the obsolete 14 NYCRR Part 87. This rule provides greater accuracy and clarity to family care providers with respect to the standards under which they are expected to operate. The rule was adopted as final on February 9, 2011. - Part 578 - Medical Assistance Rates of Payment for Residential Treatment Facilities for Children and Youth
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 578 by carving out eligible costs of psychiatric medications from the rate setting methodology. This carve out of allowable pharmaceutical costs included in the NYS Medicaid formulary serves to enable RTF providers to access medically necessary medications directly from the fee-for-service billing pharmacy. A Public Notice was published in the State Register which explained that OMH is proposing to amend New York's Medicaid State Plan to reflect this drug carve-out. This regulatory change is contingent upon approval by the Centers for Medicare and Medicaid Services. The rule was adopted as final on February 2, 2011. - Part 574 - Standards Pertaining to Payment for Hospitals Licensed by the Office of Mental Health
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 574 by making minor, technical amendments, including eliminating references to a Part which had been repealed, correcting inaccurate references to a State agency, and using "person-first" language. The rule was adopted as final on February 2, 2011. - Part 595 - Operation of Residential Programs for Adults
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 595 by clarifying the due process protections of non-discharge ready residents who are no longer eligible for services. The rule was adopted as final on January 26, 2011. - Part 505 - Requirements Regarding Testing, Confidentiality and Precautions Concerning the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS)
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 505 by correcting the name of a State agency (specifically the Commission on Quality of Care and Advocacy for Persons with Disabilities). The rule was adopted as final on November 10, 2010. - Part 510 - Public Access to Records of the Office of Mental Health
(OMH Text | State Register Notice )
This consensus rule amended 14 NYCRR Part 510 by correcting the address of the Department of State. The rule was adopted as final on November 10, 2010. - Part 599 - Clinic Treatment Programs
(OMH Text | State Register Notice | Complete Assessment of Public Comment)
This rule adds a new Part 599 to Title 14 NYCRR and establishes standards for the certification, operation and reimbursement of clinic treatment programs serving adults and children. The rule is effective October 1, 2010.
Comments or questions about the information on this page can be directed to the Bureau of Policy, Regulation and Legislation.