OMH-46-10-00017-P Standards Pertaining to Payment for Hospitals Licensed by the Office of Mental Health

11/17/10 N.Y. St. Reg. OMH-46-10-00017-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 46

November 17, 2010

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-46-10-00017-P

Standards Pertaining to Payment for Hospitals Licensed by the Office of Mental Health

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

Proposed Action:

This is a consensus rule making to amend Part 574 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 7.09, 31.04 and 43.02; Social Services Law, sections 364 and 364-a

Subject:

Standards Pertaining to Payment for Hospitals Licensed by the Office of Mental Health.

Purpose:

Make minor technical corrections to existing regulation and use "person-first" language.

Text of proposed rule:

1. Section 574.1 of 14 NYCRR Part 574 is amended to read as follows:

(a) The purpose of these regulations is to establish standards pertaining to payments made by government agencies pursuant to title 11 of article 5 of the Social Services Law for services provided to patients of hospitals licensed by the Office of Mental Health in accordance with the provisions of Part [82] 582 of this Title.

(b) In order to be eligible for payments pursuant to title 11 of article 5 of the Social Services Law, a hospital must comply with the requirements of the Mental Hygiene Law, Parts 574, 577 and [82]582 of this Title and applicable provisions of title XIX of the Social Security Act as identified in section 502.2(c) of this Title.

(c) The Medical Assistance Program in New York State is administered by the New York State Department of [Social Services] Health by and through local social services districts in cooperation with various State agencies, including the Office of Mental Health; or by the New York State Department of [Social Services] Health by and through various State agencies, including the Office of Mental Health.

(d) The standards for payment established by these regulations are intended to limit hospitals eligible for payment to those that meet State and Federal requirements.

2. Section 574.3 of 14 NYCRR Part 574 is amended to read as follows:

(a) These regulations apply to hospitals licensed pursuant to article 31 of the Mental Hygiene Law and issued operating certificates in accordance with Part [82] 582 of this Title.

(b) These regulations apply to payments made by government agencies pursuant to title 11 of article 5 of the Social Services Law for services provided by a hospital licensed by the Office of Mental Health in accordance with the provisions of Part [82] 582 of this Title.

3. Subdivision (c) of section 574.4 of 14 NYCRR Part 574 is amended to read as follows:

(c) Hospital shall mean a facility providing inpatient care or treatment of [the mentally ill] persons with mental illness which has been issued an operating certificate by the Office of Mental Health pursuant to article 31 of the Mental Hygiene Law and in accordance with Part [82]582 of this Title. For purposes of this Part, the term hospital shall not include hospitals licensed pursuant to article 28 of the Public Health Law, residential treatment facilities for children and youth issued an operating certificate in accordance with Part 584 of this Title and hospitals within the Office of Mental Health.

4. Paragraph (1) of Section 574.5(a) of 14 NYCRR Part 574 is amended to read as follows:

(1) The hospital has a valid operating certificate issued by the Office of Mental Health, in accordance with Part [82]582 of this Title.

Text of proposed rule and any required statements and analyses may be obtained from:

Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This rulemaking is filed as a Consensus rule on the grounds that its purpose is to make minor, technical corrections and is non-controversial. No person is likely to object to this rulemaking since it merely corrects references to a regulation that was repealed, corrects the name of a State agency, and uses "person-first" language.

Currently Part 574 references 14 NYCRR Part 82. That Part was repealed in 1987 and renumbered as Part 582. In addition, the Department of Social Services no longer exists, and the Medical Assistance Program in New York State is now administered by the Department of Health. Both of those corrections have been made in the rule making. Lastly, "person-first" language is more respectful and courteous of others; therefore, a reference to "the mentally ill" has been amended to read "persons with mental illness".

Statutory Authority: Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of the Office of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction. Sections 364 and 364-a of the Social Services Law gives the Office of Mental Health the responsibility for establishing and maintaining standards for medical care and services in facilities operated by it or subject to its supervision pursuant to Mental Hygiene Law. Section 43.02 of the Mental Hygiene Law provides that payments under the Medical Assistance Program for services at facilities licensed by the Office of Mental Health shall be at rates certified by the Commissioner of Mental Health and approved by the Director of Budget.

Job Impact Statement

A Job Impact Statement is not submitted with this Notice because it merely corrects inaccurate references in existing regulation and incorporates "person-first" language. It is obvious from the nature of this rule that there will be no impact on jobs and employment opportunities as a result of this rulemaking.