OMH-49-08-00011-P Operation of Outpatient Programs

12/3/08 N.Y. St. Reg. OMH-49-08-00011-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 49

December 03, 2008

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-49-08-00011-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, 31.04 and 43.02

Subject:

Operation of Outpatient Programs.

Purpose:

To correct an outdated reference.

Text of proposed rule:

Paragraphs 1 and 2 of subdivision (e) of section 587.5 of Title 14 NYCRR are amended to read as follows:

(1) In a county with less than three percent of the projected population of children in New York State, as defined in section 587.4(a) of this Part, the criteria for inclusion as a designated interim specialty clinic treatment program serving children includes:

(i) any licensed clinic treatment program, including all licensed satellite locations within the county, that had total Medicaid visits by children exceeding 400 visits annually for the most recent completed State [Federal] fiscal year [1992]; or

(ii) any one licensed clinic treatment program location which had more than 200 Medicaid visits by children representing more than 75 percent of total Medicaid volume of visits at that location; or

(iii) all licensed clinic treatment programs in a county with two or fewer clinic treatment programs serving children; or

(iv) all county-operated clinic treatment programs serving children.

(2) In a county with three percent or more of the projected population of children in New York State, as defined in section 587.4(a)(4) and (8) of this Part, the criteria for inclusion as a designated interim specialty clinic treatment program serving children includes:

(i) any licensed clinic treatment program, including all licensed satellites within the county or the City of New York, which had total Medicaid visits by children exceeding 700 visits annually for the most recent completed State [Federal] fiscal year [1992]; or

(ii) any one licensed clinic treatment program location which had more than 300 Medicaid visits by children representing more than 50 percent of total Medicaid volume of visits at that location; or

(iii) all licensed clinic treatment programs primarily serving physically handicapped or non-English speaking children; or

(iv) all county operated clinic treatment programs.

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 technical corrections and is non-controversial. No person is likely to object to this rulemaking since it merely corrects an outdated reference in the regulation. The current language bases the determination for inclusion as a designated interim specialty clinic treatment program on Federal fiscal year 1992 Medicaid data. That data is not longer accessible, and, more importantly, does not reflect any changes in service utilization that have occurred in the twelve years since the regulation was adopted. Programs not in existence in 1992, or which have changed the population served, would not be eligible to serve as a designated interim specialty clinic, thereby restricting services to children with serious emotional disturbance. Since this rulemaking is non-controversial and makes a technical correction to an outdated reference, it is correctly filed as a consensus rulemaking.

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. Section 43.02(b) of the Mental Hygiene Law gives the Commissioner the authority to request from operators of facilities licensed by the Office of Mental Health such financial, statistical or program information as the Commissioner may deem necessary.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because it merely corrects an outdated reference in the regulation. There will be no adverse impact on jobs and employment opportunities.