OMH-23-13-00001-P Operation of Residential Treatment Facilities for Children and Youth

6/5/13 N.Y. St. Reg. OMH-23-13-00001-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 23

June 05, 2013

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-23-13-00001-P

Operation of Residential Treatment Facilities for Children and Youth

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 section 584.5 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 7.09(b), 31.04(a)(2) and 31.26(b)

Subject:

Operation of Residential Treatment Facilities for Children and Youth.

Purpose:

To provide for the temporary increase in capacity of certain facilities for an additional three years.

Text of proposed rule:

Subdivision (e) of section 584.5 of Title 14 NYCRR is amended to read as follows:

(e) An operating certificate shall be issued for a residential treatment facility for a resident capacity of no fewer than 14 and no more than 56 residents; provided, however, that for the period commencing April 1, 2000 through [September 30, 2013] September 30, 2016, bed capacity for facilities primarily serving New York City residents may be temporarily increased up to an additional ten beds over the maximum certified capacity with the prior approval of the Commissioner. In order to receive such approval, the residential treatment facility must demonstrate that the additional capacity will be used to serve those children and youth deemed most in need of RTF services by the New York City Preadmission Certification Committee as set forth in Section 583.8 of this Title.

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, [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 it is non-controversial and makes a technical correction. No person is likely to object to this proposed rule since it merely continues the existing capacity of Residential Treatment Facilities (RTF) serving children and youth who are residents of New York City and who have a diagnosis of serious emotional disturbance.

14 NYCRR Part 584 sets forth standards for the operation of RTFs. This amendment to Section 584.5(e) of this Part allows for the temporary increase in capacity of certain facilities to allow additional children and youth to be served in the program. The Office of Mental Health has determined that it is necessary to continue the existing capacity of RTFs serving primarily New York City residents by up to 10 additional beds over the permitted maximum of 56 per facility. Current regulations provide for this bed increase only through September 30, 2013. Although significant improvements in the development of residential alternatives, including supervised community residences, have been made in the past several years, the existing need for children’s services is such that these beds must continue to be an available resource. The expiration date must be changed to September 30, 2016, in order to permit the continued necessary increase in RTF capacity for an additional three years.

Statutory Authority: 7.09(b), 31.04(a)(2) and 31.26(b) 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, to set standards of quality and adequacy of facilities, and to adopt regulations governing Residential Treatment Facilities for Children and Youth, respectively.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because this consensus rule merely continues the existing capacity of residential treatment facilities for children and youth in New York City. There will be no impact on jobs and employment opportunities as a result of this rule making.