ASA-36-15-00020-A OASAS Treatment Services: General Provisions
12/9/15 N.Y. St. Reg. ASA-36-15-00020-A
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 49
December 09, 2015
RULE MAKING ACTIVITIES
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
NOTICE OF ADOPTION
I.D No. ASA-36-15-00020-A
Filing No. 1005
Filing Date. Nov. 19, 2015
Effective Date. Nov. 20, 2015
OASAS Treatment Services: General Provisions
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Repeal of Part 800; and addition of new Part 800 to Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 19.07(e), 19.09(b), 32.01 and 32.07(a)
Subject:
OASAS Treatment Services: General Provisions.
Purpose:
General provisions applicable to all OASAS treatment services: definitions, incorporation by reference, staffing.
Substance of final rule:
The Proposed Rule amends Part 800 (formerly "Chemical Dependence Services: General Provisions") to centralize and consolidate into one Part definitions, applicable statutes and publications incorporated by reference, and authorizations applicable to all OASAS treatment modalities and regulations found in 14 NYCRR Chapter XXI related to the operations of the Office.
Section 800.1 sets forth the legal authorization in the Mental Hygiene Law for promulgation of this Rule.
§ 800.2 lists statutes, publications and other regulations which are incorporated by reference into one or all of the other Parts in Chapter XXI. Including them in one Part, rather than individually in each Part, is more efficient for purposes of regulatory enforcement and future amendments. Commonly referenced citations include:
a. The most current version of the "International Classification of Diseases";
b. The most current version of the "Diagnostic and Statistical Manual of Mental Disorders";
c. 42 Code of Federal Regulations Part 2, et. seq;
d. The most current version of the OASAS Level of Care Detennination Tool (LOCADTR);
e. The most current version of the "Medicare Provider Reimbursement Manual";
f. "Health Insurance Portability and Accountability Act of 1996" (HIPPA);
g. 21 Code of Federal Regulations Part 1301.72, et seq.
§ 800.3 sets forth frequently used definitions applicable to all of the other Parts of Chapter XXI. Including them in one Part, rather than individually in each Part, is more efficient for purposes of regulatory enforcement and future amendments. Definitions, references and language usage in the field of substance use disorder treatment have evolved so that many existing definitions are no longer relevant and others have become more significant. Key amendments and definitions include:
a. Definition of "substance use disorder" which will include formerly preferred references to "chemical dependence";
b. "Sponsor" formerly "governing authority" to be consistent with other Department of Mental Hygiene Offices;
c. "Medical Director" and medical staff setting forth specific requirements for the positions;
d. "Program" and "Provider";
e. "Qualified Health Professional" to include recent additions to the list;
f. "Student intern" and "Peer advocate";
g. "diagnosis".
§ 800.4 outlines the parameters for a regulatory waiver granted by the Commissioner.
§ 800.5 is a standard severability clause.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 800.2(b), (g), 800.3(e) and (l).
Text of rule and any required statements and analyses may be obtained from:
Sara Osborne, Associate Attorney, NYS Office of Alcoholism and Substance Abuse Services, 1450 Western Ave., Albany, NY 12203, (518) 485-2317, email: Sara.Osborne@oasas.ny.gov
Revised Regulatory Impact Statement
OASAS is not submitting a Revised Regulatory Impact Statement because amendments to the text of this rule subsequent to close of public comments do not constitute substantive amendments that would alter the purpose and substance of the rule as Proposed and Adopted by emergency and as published in the September 9, 2015 State Register.
Revised Regulatory Flexibility Analysis
OASAS is not submitting a Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments because amendments to the text of this rule subsequent to close of public comments do not constitute substantive amendments that would alter the purpose and substance of the rule as Proposed and Adopted by emergency and as published in the September 9, 2015 State Register.
Revised Rural Area Flexibility Analysis
OASAS is not submitting a Revised Rural Area Flexibility Analysis because amendments to the text of this rule subsequent to close of public comments do not constitute substantive amendments that would alter the purpose and substance of the rule as Proposed and Adopted by emergency and as published in the September 9, 2015 State Register.
Revised Job Impact Statement
A Revised Job Impact Statement (JIS) is not being submitted with this notice because it is evidence from the subject matter of the regulation that it will have no impact on jobs and employment opportunities and amendments to the text of this rule subsequent to close of public comments do not constitute substantive amendments that would alter the purpose and substance of the rule as Proposed and Adopted by emergency and as published in the September 9, 2015 State Register.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 3rd year after the year in which this rule is being adopted.
