OMH-47-08-00002-P Operation of Outpatient Programs

11/19/08 N.Y. St. Reg. OMH-47-08-00002-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 47

November 19, 2008

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-47-08-00002-P

Operation of Outpatient Programs

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 587 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 7.09, 7.15 and 31.04

Subject:

Operation of Outpatient Programs.

Purpose:

To increase the age of individuals receiving services in day treatment programs for children.

Text of proposed rule:

Subdivision (a) of section 587.11 of Title 14 NYCRR is amended to read as follows:

(a) A day treatment program serving children shall provide treatment designed to stabilize children's adjustment to educational settings, to prepare children for return to educational settings, and to transition children to educational settings. Upon approval of the Commissioner, a day treatment program may continue to serve individuals over the age of 18, but under the age of 22, who continue to meet the admission criteria for a day treatment program, in order to ensure that the individual has received the necessary educational services required to move to independent living.

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

Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, 8th Floor, 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 technical corrections and is non-controversial. No person is likely to object to this rulemaking since it merely allows a day treatment program providing services to children to serve individuals ages 18 and older, but under the age of 22, when necessary to prevent a disruption in the provision of educational services to the individual when the individual still requires the services of a day treatment program in order to complete the educational plan. This change is necessary to ensure that these older adolescents/young adults receive the necessary educational and rehabilitative services required to achieve independent living. The amendment is non-controversial as it is permissive in nature and should not be considered a mandate or requirement. Older adolescents/young adults may benefit from receiving day treatment services for a longer period of time as it may allow for a smoother transition to independent living.

Section 4401(1) of the Education Law defines a "child with a disability" or a "student with a disability" as an individual who has not attained the age of 21 prior to September 1st, who is entitled to attend public schools pursuant to section 3202 of the Education Law, and who, because of mental, physical, or emotional reasons, has been identified as having a disability and who requires special services and programs approved by the State Education Department. Further, Section 200.14 of Title 8 of the New York Codes Rules and Regulations defines day treatment programs as non-residential programs, certified by the Office of Mental Health, designed for the purpose of providing a comprehensive array of services for mentally ill students with disabilities through integrated mental health and special education programs.

Chapter 667 of the Laws of 2006 charged the Commissioner of the Office of Mental Health with the responsibility of developing and monitoring the implementation of a Children's Mental Health Plan in a manner that is consistent with the requirements of subdivision (b) of section 5.07 of the Mental Hygiene Law. The Children's Mental Health Plan, adopted by nine state agencies in October 2008, recommended that the agencies …“proactively address the developmental needs of youth by effectively supporting life transitions - through school, across various living situations, in multiple service providers and into adulthood and independence.” This consensus rulemaking will support that goal.

Statutory Authority: Sections 7.09(b), 7.15 and 31.04(a) of the Mental Hygiene Law grant the Commissioner of the Office of Mental Health the power and responsibility to plan, establish and evaluate programs and services for the benefit of persons with mental illness, and to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because it merely increases the age in which an individual may participate in a day treatment program serving children. There will be no adverse impact on jobs and employment opportunities.