ASA-36-15-00020-E OASAS Treatment Services: General Provisions
12/9/15 N.Y. St. Reg. ASA-36-15-00020-E
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 49
December 09, 2015
RULE MAKING ACTIVITIES
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
EMERGENCY RULE MAKING
I.D No. ASA-36-15-00020-E
Filing No. 1012
Filing Date. Nov. 23, 2015
Effective Date. Nov. 23, 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)
Finding of necessity for emergency rule:
Preservation of public health, public safety and general welfare.
Specific reasons underlying the finding of necessity:
The immediate adoption of this new Part is necessary for the preservation of the health, safety, and welfare of individuals receiving services. October 1, 2015 the initial implementation of a major initiative of Governor Cuomo’s Medicaid Redesign Team (MRT) – carve-in of behavioral health services into Medicaid Managed Care -- will begin in New York City; followed by the rest of the state in January 2016. The concurrent promulgation of Part 800 (General Provisions), Part 822 (Outpatient Services), Part 820 (Residential Services) and Part 841 (Medical Assistance for Chemical Dependence Services) is necessary because these regulations are foundational to all OASAS treatment modalities affected by the Medicaid Managed Care transition.
To be effective by October 1, the earliest the proposed rules would have to have been submitted for publication for regular (non-emergency) adoption (including the required 45-day public comment period provided for in the State Administrative Procedure Act (SAPA) sections 201(1) and (5)) no later than August 5; assuming no comments, the notices of adoption would have been published in the September 26 State Register. Amendments to the texts related to federal Medicaid standards delayed publication and necessitate emergency adoption.
Therefore, emergency action is necessary for the preservation of the general welfare in order to immediately establish consistent standards in Part 800 applicable to all OASAS programs certified to provide outpatient and residential services and therefore to maximize newly available federal Medicaid revenues for certain certified residential services.
Subject:
OASAS Treatment Services: General Provisions.
Purpose:
General provisions applicable to all OASAS treatment services: definitions, incorporation by reference, staffing.
Substance of emergency 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 Determination Tool (LOCADTR);
e. The most current version of the “Medicare Provider Reimbursement Manual”;
f. “Health Insurance Portability and Accountability Act of 1996” (HIPPA).
§ 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” setting forth specific requirements for the position;
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.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. ASA-36-15-00020-EP, Issue of September 9, 2015. The emergency rule will expire December 9, 2015.
Text of rule and any required statements and analyses may be obtained from:
Sara Osborne, Associate Attorney, NYS OASAS, 1450 Western Ave., Albany, NY 12203, (518) 485-2317, email: Sara.Osborne@oasas.ny.gov
Regulatory Impact Statement
1. Statutory Authority:
(a) Section 19.07(e) of the Mental Hygiene Law authorizes the Commissioner (“Commissioner”) of the Office to adopt standards including necessary rules and regulations pertaining to chemical dependence services.
(b) Section 19.09(b) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations necessary and proper to implement any matter under his or her jurisdiction.
(c) Section 19.40 of the Mental Hygiene Law authorizes the Commissioner to issue operating certificates for the provision of chemical dependence services.
(d) Section 32.01 of the Mental Hygiene Law authorizes the Commissioner to adopt any regulation reasonably necessary to implement and effectively exercise the powers and perform the duties conferred by Article 32 of the Mental Hygiene Law.
(f) Section 32.02 of the Mental Hygiene Law authorizes the Commissioner to adopt regulations necessary to ensure quality services to those suffering from problem gambling.
(g) Section 32.07(a) of the Mental Hygiene Law authorizes the Commissioner to adopt regulations to effectuate the provisions and purposes of Article 32 of the Mental Hygiene Law.
2. Legislative Objectives: The Purpose of this Part is to centralize in one Part definitions, applicable statutes and publications incorporated by reference, and authorizations applicable to all OASAS treatment modalities and regulations related to the operations of the Office found in 14 NYCRR Chapter XXI.
3. Needs and Benefits: OASAS is proposing to adopt this regulation because accumulated changes in statutory requirements, language usage, and applicability since 1992 when OASAS was established (Chapter 223 / laws of 1992), have increasingly caused inconsistencies in usage throughout the Parts of Chapter XXI.
4. Costs: No additional administrative costs to the agency are anticipated; no additional costs to programs/providers are anticipated.
5. Paperwork: The proposed regulation will not require increased paperwork.
6. Local Government Mandates: There are no new local government mandates.
7. Duplications: This proposed rule does not duplicate, overlap, or conflict with any State or federal statute or rule.
8. Alternatives: Continue adding repetitive definitions whenever a Part is amended or updated.
9. Federal Standards: This regulation does not conflict with federal standards.
10. Compliance Schedule: The regulations will be effective October 1, 2015.
Regulatory Flexibility Analysis
1. Effect of the rule:
OASAS services are provided by programs of varying size in every county in New York State; some counties are also certified service providers. The proposed Rule consolidates existing standards applicable to all OASAS programs of all sizes and on local governments if they are certified operators; additionally this regulation has been reviewed by the OASAS Advisory Council which consists of providers and stakeholders of all sizes and municipalities.
2. Compliance requirements:
The proposed regulation consolidates existing standards applicable to all programs. Programs compliance will be determined upon program certification.
3. Professional services:
Providers will require no new professional services; no professional services will be lost.
4. Compliance costs:
No additional professional services will be required by this new regulation; nor will the proposed regulation add to the professional service needs of local governments. There will be no disparate impact on providers based on location, size of business or municipality.
5. Economic and technological feasibility:
No upgrades of hardware or software will be required; increasing electronic communications means any additional recordkeeping will be minimal regardless of geographic location.
6. Minimizing adverse impact:
The application of the rule will not impose additional costs or operating requirements on providers on local governments or small businesses; therefore, it is designed on its face to minimize adverse impact.
7. Small business and local government participation:
The proposed rule is posted on the agency website; agency review process involves input from trade organizations representing providers in both public and private sectors, of all sizes and in diverse geographic locations.
Rural Area Flexibility Analysis
1. Rural areas in which the rule will apply (types and estimated number of rural areas):
OASAS services are provided in every county in New York State. 44 counties have a population less than 200,000: Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Montgomery, Ontario, Orleans, Oswego, Otsego, Putnam, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming and Yates. 9 counties with certain townships have a population density of 150 persons or less per square mile: Albany, Broome, Dutchess, Erie, Monroe, Niagara, Oneida, Onondaga and Orange.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
The Purpose of this Part is to centralize in one Part definitions, applicable statutes and publications incorporated by reference, and authorizations applicable to all OASAS treatment modalities and regulations related to the operations of the Office found in 14 NYCRR Chapter XXI. The regulation does not impose any new recordkeeping, compliance requirements or professional services.
3. Costs:
No additional costs will be incurred for implementation by providers because no additional capital investment, personnel or equipment is needed.
4. Minimizing adverse impact:
The application of the rule will not impose additional costs or operating requirements on providers in rural areas; therefore, it is designed on its face to minimize adverse impact.
5. Rural area participation:
The proposed rule is posted on the agency website; agency review process involves input from trade organizations representing providers in diverse geographic locations.
Job Impact Statement
A Job Impact Statement (JIS) is not being submitted with this notice because it is evident from the subject matter of the regulation that it will have no impact on jobs and employment opportunities.
