PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 820 to Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 19.07(e), 19.09(b), 32.01 and 32.07(a)
Subject:
Residential services.
Purpose:
Residential services restructured for Medicaid managed care and Medicaid redesign.
Substance of final rule:
This Rulemaking proposes a new Part 820 (“Residential Services”) added to 14 NYCRR to facilitate restructuring of OASAS residential programs in response to goals of Gov. Cuomo’s Medicaid Redesign Team (MRT) in order to realize more efficient and effective use of state run and state authorized treatment resources, and in response to the transition of state authorized Medicaid payments for substance use disorder treatment from fee-for-service to managed care.
Section 820.1 sets forth the legal authorization in the Mental Hygiene Law for promulgation of this Rule.
§ 820.2 designates programs to which this rule would apply.
§ 820.3 sets forth definitions applicable to residential services and the corresponding elements of recovery: stabilization, rehabilitation, and community reintegration.
§ 820.4 relates to assignment of services pursuant to OASAS statutory and regulatory requirements for certification of treatment programs (14 NYCRR Part 810).
§ 820.5 sets forth general standards for all programs certified to provide residential services.
§ 820.6 describes Staffing requirements for all programs certified to provide residential services.
§ 820.7 sets forth requirements and standards for admission, screening and assessment of residents.
§ 820.8 relates to requirements for development of a treatment/recovery or service plan for each residential service.
§ 820.9 relates to discharge requirements.
§ 820.10 describes additional requirements for stabilization services in a residential setting related to program services and staffing.
§ 820.11 sets forth additional requirements for rehabilitation services in a residential setting related to program services and staffing.
§ 820.12 sets forth additional requirements for reintegration in a residential setting related to program services and staffing.
§ 820.13 sets forth Standards pertaining to Medicaid reimbursement.
§ 820.14 is a standard Severability clause.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 820.4, 820.5(a), (b), 820.7(a), (c), 820.8(b), 820.9(c), 820.11, 820.12 and 820.13.
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
OASAS is not submitting a Job 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.
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.
