PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 512 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 7.09, 31.04, 43.02; Social Services Law, sections 364(3) and 364-a(1)
Subject:
Personalized Recovery-Oriented Services (PROS).
Purpose:
Modify registration, documentation program standards; include method for calculating capital add-on; publish new base rates.
Substance of final rule:
This revised summary is provided to explain the non-substantive changes to the text of the rule amending Part 512 of Title 14 NYCRR (Personalized Recovery-Oriented Services - PROS). The changes are as follows:
1. Clarification is provided regarding the title "psychiatric nurse practitioner". Specifically, the title "psychiatric nurse practitioner" shall have the same meaning as "nurse practitioner in psychiatry", as defined in New York State Education Law.
2. Clarification is provided regarding the required signatures which must appear on the Service Addition Form of the Individualized Recovery Plan (IRP). Current regulations state that both signature of the psychiatrist and nurse practitioner in psychiatry are required on the Service Addition Form. This is inconsistent with the IRP itself, which allows for either the psychiatrist or nurse practitioner in psychiatry to sign - both are not required. The final, adopted version of the text states that either the psychiatrist or nurse practitioner in psychiatry is required to sign the Service Addition Form.
3. Clarification is provided regarding community rehabilitation and support (CRS) services provided in a group format. Current regulations allow for the group size to exceed 12 members on an occasional basis and under certain circumstances. While the agency is not amending that provision, it recognizes that the way the paragraph was written could be misconstrued. Therefore, that paragraph was modified slightly to provide clearer direction. In addition, in section 512.7 of the existing regulations, the staffing requirements for CRS and Intensive Rehabilitation (IR) services may be misinterpreted. In an effort to clarify the requirements regarding staffing requirements for CRS and IR in group settings, the final, adopted version of the text clearly specifies the appropriate ratios of staff members to individuals receiving CRS and IR services in group settings, thereby eliminating potential misunderstanding of the regulation.
As these changes are non-substantive, the filing of a revised rulemaking is not necessary. The complete text of the rulemaking is available at www.omh.state.ny.us.
Final rule as compared with last published rule:
Nonsubstantial changes were made in sections 512.4(z)(6), (10), 512.7(b)(3), (d)(7), 512.8(b)(1), (4) and 512.11(c)(4).
Text of rule and any required statements and analyses may be obtained from:
Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email: cocbjdd@omh.state.ny.us
Revised Regulatory Impact Statement
A revised regulatory impact statement is not submitted with this notice because the changes to the final version of the rulemaking are non-substantive and are designed to provide clarification as detailed in the Summary.
Revised Regulatory Flexibility Analysis
A revised Regulatory Flexibility Analysis for Small Business and Local Governments is not submitted with this notice as the changes to the rulemaking are minor and non-substantive. These changes will have no adverse impact upon small business or local governments.
Revised Rural Area Flexibility Analysis
A revised Rural Area Flexibility Analysis is not submitted with this notice as the changes to the rulemaking are minor and non-substantive. These changes will have no economic impact upon rural areas.
Revised Job Impact Statement
A revised Job Impact Statement is not submitted with this notice as the changes to the rulemaking are minor and non-substantive and will have no adverse impact upon jobs and employment opportunities.
Assessment of Public Comment
The agency received one letter regarding the amendments to Part 512 of Title 14 NYCRR, and it was sent by the writer to register strong support for the rulemaking. The writer stated that the amendments will serve to reduce costs to PROS providers and the Office of Mental Health by implementing a “real time” registration process. In addition, the reduction in the number of work hours that participants must provide in order to receive Ongoing Rehabilitation and Support will result in an increase in the number of participants in PROS programs who are placed in jobs. Other amendments referenced by the writer include the modification of documentation requirements and changes to the staff-to-recipient ratios for groups within Community Rehabilitation and Intensive Rehabilitation. These amendments were also strongly supported by the writer.
