OMH-31-10-00017-P Mental Health Services - General Provisions; Community Based Service System for Children; Operation of Outpatient Programs

8/4/10 N.Y. St. Reg. OMH-31-10-00017-P

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 31

August 04, 2010

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-31-10-00017-P

Mental Health Services - General Provisions; Community Based Service System for Children; Operation of Outpatient Programs

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 Parts 501, 507 and 587 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 7.09, 31.01 and 31.04

Subject:

Mental Health Services - General Provisions; Community Based Service System for Children; Operation of Outpatient Programs.

Purpose:

To add a definition of "serious emotional disturbance".

Text of proposed rule:

1. A new subdivision (g) is added to section 501.2 of Title 14 NYCRR as follows:

(g) Serious emotional disturbance means a child or adolescent has a designated mental illness diagnosis according to the most current Diagnostic and Statistical Manual of Mental Disorders (DSM) and has experienced functional limitations due to emotional disturbance over the past 12 months on a continuous or intermittent basis. The functional limitations must be moderate in at least two of the following areas or severe in at least one of the following areas:

(1) ability to care for self (e.g., personal hygiene; obtaining and eating food; dressing; avoiding injuries); or

(2) family life (e.g., capacity to live in a family or family like environment; relationships with parents or substitute parents, siblings and other relatives; behavior in family setting); or

(3) social relationships (e.g., establishing and maintaining friendships; interpersonal interactions with peers, neighbors and other adults; social skills; compliance with social norms; play and appropriate use of leisure time); or

(4) self-direction/self-control (e.g., ability to sustain focused attention for a long enough period of time to permit completion of age-appropriate tasks; behavioral self-control; appropriate judgment and value systems; decision-making ability); or

(5) ability to learn (e.g., school achievement and attendance; receptive and expressive language; relationships with teachers; behavior in school).

2. Section 507.4 of Title 14 NYCRR is amended to read as follows:

(a) Expanded children's services is a program established to provide new and expanded community based services to [seriously emotionally disturbed] children and adolescents with serious emotional disturbance and to provide grants for 100 percent net deficit costs for those services.

(b) [Seriously emotionally disturbed means persons under the age of 18 who have serious, persistent disability which:

(1) is caused by a medically determined mental illness as evidenced by primary psychiatric diagnosis made by a physician, or is caused by other serious emotional disturbance as defined by the regulations of the commissioner;

(2) has continued or is likely to continue for a period of at least one year;

(3) would cause substantial risk of psychiatric hospitalization in the absence of community based mental health services; and

(4) results in substantial functional limitations in two or more of the following areas:

(i) self-care at an appropriate developmental level;

(ii) receptive and expressive language;

(iii) learning;

(iv) self-direction; and

(v) capacity for living in a family environment.]

Serious emotional disturbance means a child or adolescent has a designated mental illness diagnosis according to the most current Diagnostic and Statistical Manual of Mental Disorders (DSM) and has experienced functional limitations due to emotional disturbance over the past 12 months on a continuous or intermittent basis. The functional limitations must be moderate in at least two of the following areas or severe in at least one of the following areas:

(1) ability to care for self (e.g., personal hygiene; obtaining and eating food; dressing; avoiding injuries); or

(2) family life (e.g., capacity to live in a family or family like environment; relationships with parents or substitute parents, siblings and other relatives; behavior in family setting); or

(3) social relationships (e.g., establishing and maintaining friendships; interpersonal interactions with peers, neighbors and other adults; social skills; compliance with social norms; play and appropriate use of leisure time); or

(4) self-direction/self-control (e.g., ability to sustain focused attention for a long enough period of time to permit completion of age-appropriate tasks; behavioral self-control; appropriate judgment and value systems; decision-making ability); or

(5) ability to learn (e.g., school achievement and attendance; receptive and expressive language; relationships with teachers; behavior in school).

3. Paragraph (8) of subdivision (a) of Section 587.4 of Title 14 NYCRR is amended to read as follows:

(8) [Extended impairment in functioning due to] Serious emotional disturbance means a child or adolescent has a designated mental illness diagnosis according to the most current Diagnostic and Statistical Manual of Mental Disorders (DSM) and has experienced functional limitations due to emotional disturbance over the past 12 months on a continuous or intermittent basis. The functional problems must be moderate in at least two of the following areas or severe in at least one of the following areas:

(i) [self-care] ability to care for self (e.g., personal hygiene; obtaining and eating food; dressing; avoiding injuries); or

(ii) family life (e.g., capacity to live in a family or family like environment; relationships with parents or substitute parents, siblings and other relatives; behavior in family setting); or

(iii) social relationships (e.g., establishing and maintaining friendships; interpersonal interactions with peers, neighbors and other adults; social skills; compliance with social norms; play and appropriate use of leisure time); or

(iv) self-direction/self-control (e.g., ability to sustain focused attention for a long enough period of time to permit completion of age-appropriate tasks; behavioral self-control; appropriate [judgement] judgment and value systems; decision-making ability); or

(v) [learning] ability to learn (school achievement and attendance; receptive and expressive language; relationships with teachers; behavior in school).

Text of proposed rule and any required statements and analyses may be obtained from:

Joyce Donohue, 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 change which establishes consistency with other regulations within Chapter XIII of Title 14 NYCRR. No person is likely to object to this rulemaking since it merely clarifies the definition of "serious emotional disturbance" and provides consistency with other Office regulations.

Statutory Authority: Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of the Office of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under his jurisdiction. Section 31.01 of the Mental Hygiene Law charges the Commissioner of the Office of Mental Health 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.

As this rule is non-controversial, makes a technical change and conforms to regulations within Chapter XIII of Title 14 NYCRR, it is appropriately filed as a consensus rule making.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because this consensus rule merely clarifies the definition of “serious emotional disturbance” and provides consistency with other Office regulations. There will be no impact on jobs and employment opportunities as a result of this rulemaking.