8/26/09 N.Y. St. Reg. OMH-22-09-00013-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 592 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 7.09, 31.04, 43.02; Social Services Law, sections 364 and 364-a
Subject:
Comprehensive Outpatient Programs.
Purpose:
To adjust the Medicaid reimbursement associated with certain outpatient treatment programs regulated by OMH.
Text or summary was published
in the June 3, 2009 issue of the Register, I.D. No. OMH-22-09-00013-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email:
cocbjdd@omh.state.ny.usAssessment of Public Comment
The agency received two letters of comment regarding the amendments to Part 592. The issues and responses are as follows:
Issue: The writer expressed concern over the reduction in rates of the approximately 102 of the 317 providers affected by these changes, and the potential for a negative impact on the mental health service delivery system.
Response: The changes in rates are consistent with the enacted State budget and the Financial Management Plan. The agency’s intent in this proposal was to begin to move the reimbursement for mental health services toward a more uniform reimbursement system, by raising the reimbursement amounts for the lowest paid providers and lowering the reimbursement amounts for the providers with the highest rates. This is consistent with the direction of the clinic restructuring process which the agency has begun to undertake.
Issue: The writer expressed general support for the graduated reimbursement methodology. However, the writer suggested a regional rate approach be incorporated into the methodology.
Response: As stated above, the modifications to the reimbursement methodology are designed to equalize the reimbursement system. The agency believes this approach is the most economically sound and feasible, and thus the policy decision was made to modify the reimbursement methodology as indicated in the regulation. Since the agency feels this is the best possible approach, no change is being made to the regulation.
