2/18/09 N.Y. St. Reg. ASA-49-08-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 817.4(b)(1), (2), 818.4(b)(1), (2), 819.4(b)(1), (2), 822.6(c) and 822.2(c)(1), (2) of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 19.07(e), 19.09(b), 19.15(a), 19.40, 32.01 and 32.07(a)
Subject:
Individual counseling, physical examination, medical history, quality improvement and utilization review.
Purpose:
To deliver optimal patient care and treatment in a manner that is both cost effective and accountable.
Text or summary was published
in the December 3, 2008 issue of the Register, I.D. No. ASA-49-08-00005-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Sara E. Osborne, NYS Office of Alcoholism and Substance Abuse Services, 1450 Western Avenue, Albany, NY 12203, (518) 485-2317, email:
SaraOsborne@oasas.state.ny.usAssessment of Public Comment
OASAS received two comments on the above proposed rule making published in the NYS Register, December 3, 2008: one from the NY Association of Alcoholism and Substance Abuse Providers, Inc. and one from an individual.
AASAP endorses the changes in Parts 822, 817, 818, and 819 and encourages OASAS to continue to conform future Part 822 revisions to these changes. OASAS is currently engaged in such a process; comments have been forwarded to the appropriate OASAS staff for consideration in further amendments.
Comments from a former OASAS employee related to the proposed amendments and to other provisions affected by these changes. Those primarily concerned the commenter's preferred language usage and/or preferred location of the regulatory elements within the current Part. Comments did not suggest substantive alterations to the proposed rule changes; however, recommendations have been forwarded to the appropriate OASAS staff for consideration in further amendments. Likewise, recommendations to define terms for consistent regulatory use are being addressed in the further amendment process. The commenter objected to the proposed repeal of utilization review (822.6(c)) requirements. OASAS has deemed the requirement in this Part to be redundant because review of admission appropriateness is achieved by other regulatory requirements; commenter would prefer repeal of the other requirements and retaining those in 822.6(c) but does provide a reason for such preference. OASAS proposes this change because its inclusion in Part 822.6(c) requires additional paperwork although appropriateness of admissions is continually addressed throughout admission, treatment and discharge; utilization review is more appropriate to address the matter of retention criteria being met.
