OMH-34-12-00003-EP Medical Assistance Payments for Comprehensive Psychiatric Emergency Programs (CPEP)

8/22/12 N.Y. St. Reg. OMH-34-12-00003-EP

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 34

August 22, 2012

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-34-12-00003-EP

Filing No. 796

Filing Date. Aug. 06, 2012

Effective Date. Aug. 06, 2012

Medical Assistance Payments for Comprehensive Psychiatric Emergency Programs (CPEP)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Amendment of Part 591 of Title 14 NYCRR.

Statutory authority:

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

Finding of necessity for emergency rule:

Preservation of public health, public safety and general welfare.

Specific reasons underlying the finding of necessity:

The proposed rule implements an increase in the Medicaid fees paid to Comprehensive Psychiatric Emergency Programs (CPEPs) operated by hospitals licensed by the Office of Mental Health pursuant to Article 31 of the Mental Hygiene Law, and by the Department of Health pursuant to Article 28 of the Public Health Law. The Medicaid fee increase is effective July 1, 2012. This increase will preserve program funding and will enable CPEPs to sustain programs and continue to provide assistance to individuals in need of emergency psychiatric services. Since this proposed regulation has significant impact upon public health, safety and general welfare, the proposed rule warrants emergency filing.

Subject:

Medical Assistance Payments for Comprehensive Psychiatric Emergency Programs (CPEP).

Purpose:

To increase Medicaid fees paid to CPEPs effective July 1, 2012.

Text of emergency/proposed rule:

Section 591.5 of Title 14 NYCRR is amended to read as follows:

Effective [April 1, 2011] July 1, 2012, reimbursement for comprehensive psychiatric emergency programs under the medical assistance program shall be in accordance with the following fee schedule:

	Brief emergency visit	$[83.71] 181.00
	Full emergency visit	[491.59] 1,060.00
	Crisis outreach service visit	[491.59] 1,060.00
	Interim crisis service visit	[491.59] 1,060.00

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire November 3, 2012.

Text of 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.

Regulatory Impact Statement

1. Statutory authority: Subdivision (b) of Section 7.09 of the Mental Hygiene Law grants the Commissioner of the Office of Mental Health the authority and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction.

Subdivision (a) of Section 31.04 of the Mental Hygiene Law empowers the Commissioner to issue regulations setting standards for licensed programs for the provision of services for persons with mental illness.

2. Legislative objectives: Articles 7 and 31 of the Mental Hygiene Law reflect the Commissioner’s authority to establish regulations regarding mental health programs. Comprehensive Psychiatric Emergency Programs (CPEPs) provide a full range of psychiatric emergency services in a safe and comfortable environment to persons in need of such services. CPEPs are operated by hospitals licensed by the Office of Mental Health (Office) pursuant to Article 31 of the Mental Hygiene Law, and by the Department of Health pursuant to Article 28 of the Public Health Law. The proposed rule furthers the legislative intent under Article 7 by assuring the delivery of mental health services to persons with mental illness and facilitating financing procedures and mechanisms to support such a service delivery system.

3. Needs and benefits: The proposed amendments increase the Medicaid fees paid to CPEPs effective July 1, 2012. This increase is due to the conversion of Medicaid Disproportionate Share Funding and State Aid paid to CPEP programs to "base" Medicaid, and has been approved by the Director of the Division of Budget. It is anticipated that the increase in Medicaid fees paid to CPEPs will aid in program viability and enable CPEPs to continue to serve individuals in need of emergency psychiatric services.

4. Costs:

(a) Cost to State government: These regulatory amendments are not expected to result in any additional costs to State government. The estimated full annual impact of these regulatory amendments is estimated to be $11,981,223 (State share of $5,990,612), but these costs are expected to be offset by the conversions of Medicaid Disproportionate Share Funding and State Aid to "base" Medicaid.

(b) Cost to local government: These regulatory amendments are not expected to result in any additional costs to local government.

(c) Cost to regulated parties: These regulatory amendments are not expected to result in any additional costs to regulated parties.

5. Local government mandates: These regulatory amendments will not result in any additional imposition of duties or responsibilities upon county, city, town, village, school or fire districts.

6. Paperwork: This rule should not result in an increase in the paperwork requirements of providers.

7. Duplication: These regulatory amendments do not duplicate existing State or federal requirements.

8. Alternatives: The only alternative to the regulatory amendment which was considered was inaction. This alternative was rejected due to the need for the conversion of Medicaid Disproportionate Share Funding and State Aid to "base" Medicaid.

9. Federal standards: The regulatory amendments do not exceed any minimum standards of the federal government for the same or similar subject areas.

10. Compliance schedule: These regulatory amendments will be effective upon their adoption, and shall be deemed to have been effective on and after July 1, 2012.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not being submitted with this notice because the amended rule will not have an adverse economic impact upon small businesses or local governments. The purpose of the proposed rule is to increase the Medicaid fees paid to Comprehensive Psychiatric Emergency Programs (CPEPs) operated by hospitals licensed by the Office of Mental Health pursuant to Article 31 of the Mental Hygiene Law, and by the Department of Health pursuant to Article 28 of the Public Health Law. It is anticipated that the increase in Medicaid fees paid to CPEPs will aid in program viability and enable CPEPs to continue to serve individuals in need of emergency psychiatric services.

Rural Area Flexibility Analysis

The amendments to 14 NYCRR Part 591 are necessary to increase the Medicaid fees paid to Comprehensive Psychiatric Emergency Programs (CPEPs) operated by hospitals licensed by the Office of Mental Health pursuant to Article 31 of the Mental Hygiene Law, and by the Department of Health pursuant to Article 28 of the Public Health Law. It is anticipated that the increase in Medicaid fees paid to CPEPs will aid in program viability and enable CPEPs to continue to serve individuals in need of emergency psychiatric services. The proposed rule will not impose any adverse economic impact on rural areas; therefore, a Rural Area Flexibility Analysis is not submitted with this notice.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because the purpose of the proposed rule is to increase the Medicaid fees paid to Comprehensive Psychiatric Emergency Programs (CPEPs) operated by hospitals licensed by the Office of Mental Health pursuant to Article 31 of the Mental Hygiene Law, and by the Department of Health pursuant to Article 28 of the Public Health Law. It is anticipated that the increase in Medicaid fees paid to CPEPs will aid in program viability and enable CPEPs to continue to serve individuals in need of emergency psychiatric services. There will be no adverse impact on jobs and employment opportunities as a result of this proposed rule.