OMH-14-14-00015-P Mental Health Services - General Provisions
4/9/14 N.Y. St. Reg. OMH-14-14-00015-P
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 14
April 09, 2014
RULE MAKING ACTIVITIES
OFFICE OF MENTAL HEALTH
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. OMH-14-14-00015-P
Mental Health Services - General Provisions
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 501 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 7.09 and 31.01
Subject:
Mental Health Services - General Provisions.
Purpose:
To provide clarification with respect to outdated references within Title 14 NYCRR for providers of mental health services.
Text of proposed rule:
Section 501.5 of Title 14 NYCRR is amended to read as follows:
§ 501.5. Obsolete or Outdated references.
(a) Commission on Quality of Care and Advocacy for Persons with Disabilities. Effective June 30, 2013, all references to the Commission on Quality of Care and Advocacy for Persons with Disabilities that appear in this Title, as applicable to the Office of Mental Health and facilities under its jurisdiction, shall be deemed to be references to the Justice Center for the Protection of People with Special Needs, established pursuant to Chapter 501 of the Laws of 2012.
(b) Diagnostic Manuals. All references in this Title, as applicable to the Office of Mental Health and facilities under its jurisdiction, to the International Classification of Diseases Manual (ICD) or Diagnostic and Statistical Manual of Mental Disorders (DSM) that refer to specific editions of such manuals shall be deemed to reference the most recent published editions of such manuals.
Text of proposed rule and any required statements and analyses may be obtained from:
Sue Watson, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email: Sue.Watson@omh.ny.gov
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 it is non-controversial and makes a technical correction. No person is likely to object to this proposed rule since it merely provides updated information and clarification within the Office of Mental Health’s (OMH) regulations.
Many of OMH’s regulations contain out-of-date references to the International Classification of Diseases Manual (ICD) and the Diagnostic and Statistical Manual of Mental Disorders (DSM). In an effort to avoid confusion for providers of mental health service, Section 501.5 of Title 14 NYCRR is being amended to include outdated references. Part 501 establishes general provisions related to mental health services for parties regulated by OMH and is the appropriate location to clarify for providers that when OMH regulations refer to the ICD and DSM, it is interpreted to mean the most recent published editions of such manuals.
Statutory Authority: 7.09 of the Mental Hygiene Law grant the Commissioner the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction. Section 31.01 of the Mental Hygiene Law charges the Commissioner with the responsibility to promulgate rules and regulations requiring the development of evaluation criteria and methods, including, but not limited to: uniform definitions of services for persons with mental disabilities; uniform financial and clinical reporting procedures; requirements for the generation and maintenance of uniform data for all individuals receiving services from any provider of services; uniform criteria for evaluating categories of need; and uniform standards for all comparable services and programs.
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 merely serves to provide clarification to providers of mental health services with respect to regulatory references to outdated manuals.
