PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Repeal of Part 814; and addition of new Part 814 to Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 19.09(b), 19.20, 19.20-a, 19.40 and 32.02; Executive Law, section 296(15) and (16); Corrections Law, art. 23-A; Civil Service Law, section 50
Subject:
General Facility Requirements.
Purpose:
Updates provisions applicable to all certified facilities due to: residential redesign, changes in certification and inspections.
Substance of proposed rule (Full text is posted at the following State website:http://www.oasas.ny.gov):
The Proposed Rule amends Part 814 (General Facility Requirements) to centralize in one Part basic requirements for all facilities applicable to all OASAS treatment modalities and regulations related to the operations of the Office found in 14 NYCRR Chapter XXI.
Section 814.1 sets forth the legal authorization in the Mental Hygiene Law for promulgation of this Rule.
§ 814.2 includes definitions as used in this Part.
§ 814.3 sites building codes which would be enforced by appropriate localities and municipalities as applicable to all facilities.
§ 814.4 outlines basic requirements for repair and maintenance, fire safety and general facility requirements such as storage, office space, sleeping areas, eating and common areas.
§ 814.5 reviews the specific items that will be verified as part of a facility certification which, if a building is in compliance, will deem the facility to be approved for as part of a certification or recertification review as a treatment facility.
§ 814.6 provides requirements in addition to those of 814.5 which are applicable to inpatient and residential facilities.
§ 814.7 provides requirements in addition to those of 814.5 which are applicable to supportive living facilities or residential reintegration in a scatter-site setting.
§ 814.8 provides requirements in addition to those of 814.5 which are applicable to all outpatient facilities.
§ 814.9 provides requirements in addition to those of 814.5 which are applicable to all shared facilities and integrated outpatient services.
§ 814.10 speaks to notice requirements when service providers propose alterations to previously certified or re-certified facilities.
Text of proposed 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
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
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 32.07(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 legislature has authorized OASAS to establish facility requirements which are specific to the needs of the treatment programs certified by the Office. In addition to state and local building codes, different treatment modalities may require specific facility needs.
3. Needs and Benefits: OASAS is proposing to repeal/replace this regulation because residential redesign (Part 820 recently adopted), revisions to building codes, and changes in program certification require substantial amendments to facilities requirements.
It is beneficial for providers and local building inspectors to have facilities requirements that are specific to the needs of OASAS treatment programs in one central regulation.
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 with an outdated regulation that is not consistent with current standards.
9. Federal Standards: This regulation does not conflict with federal standards.
10. Compliance Schedule: The regulations will be effective upon publication of a Notice of Adoption in the State Register.
Regulatory Flexibility Analysis
OASAS has determined that the rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. This rulemaking proposal has been reviewed by the Behavioral Health Services Advisory Council consisting of affected OASAS providers of all sizes from diverse municipalities, and including local governments. The proposal is supported by providers because it centralizes facility requirements consistent for all treatment modalities and minimizes the detail of some provisions allowing for more provider flexibility.
The proposed rule is posted on the agency website; agency review process involves input from trade organizations representing providers in diverse geographic locations. The Office has worked with Department of State Codes Division to ensure appropriate information is available to local inspectors and providers.
Rural Area Flexibility Analysis
OASAS has determined that the rule will not impose any adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. This rulemaking proposal has been reviewed by the Behavioral Health Services Advisory Council consisting of affected OASAS providers of all sizes from diverse municipalities, and including local governments. The proposal is supported by providers because it centralizes facility requirements consistent for all treatment modalities and minimizes the detail of some provisions allowing for more provider flexibility.
The proposed rule is posted on the agency website; agency review process involves input from trade organizations representing providers in diverse geographic locations. The Office has worked with Department of State Codes Division to ensure appropriate information is available to local inspectors and providers.
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.
