OMH-13-12-00003-P Prior Approval Review (PAR) for Quality and Appropriateness

3/28/12 N.Y. St. Reg. OMH-13-12-00003-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 13

March 28, 2012

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-13-12-00003-P

Prior Approval Review (PAR) for Quality and Appropriateness

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 551 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, section 31.04

Subject:

Prior Approval Review (PAR) for Quality and Appropriateness.

Purpose:

To add provisions for electronic submission of PAR applications.

Text of proposed rule:

Subdivision (b) of Section 551.8 of Title 14 NYCRR is amended to read as follows:

(b) Applicants proposing projects shall submit [an original and five copies of the complete application, and applicants proposing projects subject to prior approval by the Department of Health under the Public Health Law shall submit an original and six copies of the complete application to the Office of Mental Health, Bureau of Inspection and Certification, 44 Holland Avenue, Albany, NY 12229] applications in a form and format prescribed by the Office of Mental Health. Such form and format shall include instructions for submission of the application, and shall facilitate submission in either paper or electronic format.

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 rule making is filed as a Consensus rule on the grounds that its purpose is to make technical, non-controversial changes to existing regulations and provide mandate relief; therefore, no person is likely to object.

14 NYCRR Part 551, Prior Approval Review for Quality and Appropriateness, establishes an efficient and timely process for the initial licensure of a program seeking to provide mental health services. When Part 551 was drafted in 2009, the Office of Mental Health (Office) did not specifically include provisions related to the electronic submission of Prior Approval Review (PAR) applications, although it was understood that that capability existed and was an acceptable method of submission. In 2011, 90 percent of all E-Z PAR applications were submitted electronically. For those entities applying for licensure that have computer access, this method of submission may provide for an easier and less-costly transmittal. In recognition of this fact, the Office is seeking to amend Section 551.8(b) of Title 14 NYCRR by including provisions regarding electronic submissions of PAR applications. It is important to note that the Office will continue to accept paper copies of applications from those entities that do not choose to, or do not have the capability to, submit applications electronically.

Statutory Authority: Section 31.04 of the Mental Hygiene Law grants the Commissioner of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction and to establish procedures for the issuance and amendment of operating certificates.

Job Impact Statement

A job impact statement is not being submitted with this notice because it is evident from the subject matter of the rule making that there will be no impact on jobs and employment opportunities. The consensus rule provides mandate relief by including provisions for the submittal of electronic copies of Prior Approval Review application in lieu of paper copies, unless otherwise specified by the Office of Mental Health.