OMH-45-13-00003-P Repeal of 14 NYCRR Parts 10, 51, 71 and 103

11/6/13 N.Y. St. Reg. OMH-45-13-00003-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 45

November 06, 2013

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-45-13-00003-P

Repeal of 14 NYCRR Parts 10, 51, 71 and 103

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 repeal Parts 10, 51, 71 and 103 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, section 7.09

Subject:

Repeal of 14 NYCRR Parts 10, 51, 71 and 103.

Purpose:

To repeal several outdated regulations.

Text of proposed rule:

Pursuant to the authority granted to the Commissioner of the Office of Mental Health in accordance with Section 7.09 of the Mental Hygiene Law, Title 14 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended as follows:

14 NYCRR Parts 10, 51, 71 and 103 are repealed.

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

Sue Watson, 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 rule making is filed as a Consensus rule on the grounds that its purpose is to repeal regulations that are obsolete; therefore, no person is likely to object.

14 NYCRR Parts 10, 51, 71 and 103 were promulgated in the 1970’s by the Department of Mental Hygiene. When these regulations were promulgated, the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities (now known as the Office for People With Developmental Disabilities, or “OPWDD”), and the Office of Alcoholism and Substance Abuse (now known as the Office of Alcoholism and Substance Abuse Services, or “OASAS”), were all a part of the Department of Mental Hygiene, and none had its own rule making authority. In 1977, the New York State Mental Hygiene Law was recodified, and the Department of Mental Hygiene was divided into three autonomous agencies, all of which have independent rule making authority.

OMH, OPWDD and OASAS have reviewed the following regulations and determined that they are outdated and are no longer applicable to the agencies. All three autonomous offices are proposing a repeal of the following obsolete rules:

Part 10 – Insurance Coverage for Diagnosis and Treatment of Mental, Nervous and Emotional Disorders. This Part consists of definitions that are no longer current. Relevant definitions that pertain to Title 14 NYCRR have been added to the applicable Part. In addition, Part 10 includes references to the DSM-II, which has been revised several times since the 1970’s. The most current edition, the DSM-V, was published in early 2013. The agencies believe this Part is unnecessary and appropriate for repeal.

Part 51 – Prior Approval of the Commissioner. This Part is out of date, and all three agencies have incorporated updated provisions into existing regulations. OMH superseded this Part with 14 NYCRR Part 551, Prior Approval Review for Quality and Appropriateness. OPWDD superseded Part 51 with 14 NYCRR Part 620, Certification of Need for Administrative Review Projects, Substantial Review Projects and Terms of Approval for Acquisition of Property or Construction. OASAS regulations are found at 14 NYCRR Part 810, Establishment, Incorporation and Certification of Providers of Chemical Dependence Services and 14 NYCRR Part 814, General Facility Requirements.

Part 71 – Visitation and Inspection of Facilities. OMH superseded this Part by 14 NYCRR Part 553, Visitation and Inspection of Facilities. OPWDD notes that requirements applicable to visitation and inspection of facilities are found in Article 16 of the NYS Mental Hygiene Law and considers that the provisions of Article 16 are sufficient to address this topic. OPWDD considers the provisions of Part 71 which are not duplicative of the Article 16 provisions to be out of date and unnecessary. OASAS provisions are found in 14 NYCRR Part 810, Establishment, Incorporation and Certification of Providers of Chemical Dependence Services.

Part 103 – Unified Services Plans. References to the Unified Services Plan were deleted from Mental Hygiene Law by Chapter 111 of the Laws of 2010; therefore, this Part is no longer applicable to any of the three agencies and is appropriate for repeal.

Statutory Authority: Section 7.09 of the Mental Hygiene Law grants the Commissioner of the Office of Mental Health the authority and responsibility to adopt regulations that are necessary and proper to implement matters under his/her jurisdiction.

Job Impact Statement

A job impact statement is not being submitted with this notice because it is evident from the subject matter of the rule making that there will be no impact on jobs and employment opportunities. The consensus rule merely repeals outdated regulations.