OMH-32-08-00002-P Operation of Outpatient Programs

8/6/08 N.Y. St. Reg. OMH-32-08-00002-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 32

August 06, 2008

RULE MAKING ACTIVITIES

OFFICE OF MENTAL HEALTH

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. OMH-32-08-00002-P

Operation of Outpatient Programs

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

Action taken:

This is a consensus rule making to amend Part 587 of Title 14 NYCRR.

Statutory authority:

Mental Hygiene Law, sections 7.09, 7.15 and 31.04

Subject:

Operation of outpatient programs.

Purpose:

To increase the number of children's designated specialty clinics in New York City, in accordance with the enacted 2008–09 State Budget.

Text of proposed rule:

1. Subdivision (d) of section 587.5 of Title 14 NYCRR is amended to read as follows:

(d) The county director of community services shall be responsible for identifying specific licensed clinic treatment programs to be designated by the [commissioner] Commissioner as interim specialty clinic programs serving children in accordance with the identified need within the county. In making such identification, the county director of community services shall use the following criteria:

(1) All licensed satellites of a recommended provider in the same county shall be included if so designated by the [commissioner] Commissioner. New York City is one county for such purposes.

(2) A county with less than one percent of children in New York State, as defined in accordance with section 587.4(a)(4) and (8) of this Part, may have up to two designated providers. If only one licensed clinic is included on the recommended list, the county director of community services may recommend a second licensed clinic without recent Medicaid experience serving children. The Office of Mental Health may approve these recommendations based upon competence of a licensed clinic treatment program to serve such children and[,] upon accessibility to the clinic by such children. Accessibility shall be based upon a geographic area rather than a catchment area of the recommended licensed clinic treatment program.

(3) A county with at least one percent and less than three percent of the projected number of children in New York State, as defined in accordance with section 587.4(a)(4) and (8) of this Part, may recommend up to six licensed clinic treatment programs including all licensed satellites of such recommended providers.

(4) A county with at least three percent and less than eight percent of the children in New York State, as defined in accordance with section 587.4(a)(4) and (8) of this Part, may recommend up to 10 licensed clinic treatment programs.

(5) [A county with eight percent or more of the children in New York State, as defined in accordance with section 587.4(a)(4) and (8) of this Part,] The City of New York may recommend up to [15] 85 licensed clinic treatment programs.

(6) New York City may reallocate the total number of licensed clinics of the five boroughs which appear on the recommended list amongst the five boroughs. However, no more than the total number of licensed clinic treatment programs which appear on the list for the five boroughs shall be designated as interim specialty clinic treatment programs serving children.

2. Subdivision (e) of section 587.5 of Title 14 NYCRR is amended to read as follows:

(e) The [commissioner] Commissioner shall designate a licensed clinic treatment program to provide interim specialty children's services to children as defined in accordance with section 587.4(a) of this Part. A clinic treatment program so designated shall be authorized to provide, and be reimbursed for providing, clinic treatment services to children notwithstanding the child's enrollment in a Medicaid managed care program. Such a clinic shall be designated as an interim specialty clinic treatment program serving children and shall operate in accordance with section 587.9 of this Part and Part 588 of this Title. An interim specialty clinic treatment program serving children shall be determined to meet at least one of the following criteria:

(1) In a county with less than three percent of the projected population of children in New York State, as defined in section 587.4(a) of this Part, the criteria for inclusion as a designated interim specialty clinic treatment program serving children includes:

(i) any licensed clinic treatment program, including all licensed satellite locations within the county, that had total Medicaid visits by children exceeding 400 visits annually for Federal fiscal year 1992; or

(ii) any one licensed clinic treatment program location which had more than 200 Medicaid visits by children representing more than 75 percent of total Medicaid volume of visits at that location; or

(iii) all licensed clinic treatment programs in a county with two or fewer clinic treatment programs serving children; or

(iv) all county-operated clinic treatment programs serving children.

(2) In a county with three percent or more of the projected population of children in New York State, as defined in section 587.4(a)(4) and (8) of this Part, the criteria for inclusion as a designated interim specialty clinic treatment program serving children includes:

(i) any licensed clinic treatment program, including all licensed satellites within the county or the City of New York, which had total Medicaid visits by children exceeding 700 visits annually for Federal fiscal year 1992; or

(ii) any one licensed clinic treatment program location which had more than 300 Medicaid visits by children representing more than 50 percent of total Medicaid volume of visits at that location; or

(iii) all licensed clinic treatment programs primarily serving physically handicapped or non-English speaking children; or

(iv) all county operated clinic treatment programs.

(3) In a county with one percent or more of the projected population of children in New York State, as defined in accordance with section 587.4(a)(4) and (8) of this Part, the [commissioner] Commissioner shall not designate a clinic treatment program as an interim specialty clinic treatment program serving children which is not on the list recommended by the county director of community services, even if the list contains less than the maximum number of recommended clinic treatment programs as provided by the county director of community services with the exception of clinic treatment programs primarily serving special populations, including, but not limited to, physically handicapped or non-English speaking children. Such clinic treatment programs may be added to the list of recommended clinic treatment programs. Any additions made to the list of recommended licensed clinic treatment programs shall not increase the total number of programs to be designated as interim specialty clinic treatment programs serving children in a county.

3. Subdivision (b) of section 587.7 of Title 14 NYCRR is amended to read as follows:

(b) A provider of service shall provide a notice of recipients' rights as described in subdivision (a) of this section to each recipient upon admission to an outpatient program. Such notice shall be provided in writing and posted in a conspicuous location easily accessible to the public. The notice shall include the address and telephone number of the Commission on Quality of Care [for the Mentally Disabled] and Advocacy for Persons with Disabilities, the nearest regional office of the Protection and Advocacy for Mentally Ill Individuals Program, the nearest chapter of the Alliance [for the Mentally Ill of] on Mental Illness of New York State and the Office of Mental Health.

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

Joyce Donohue, Office of Mental Health, 44 Holland Ave., 8th Fl., Albany, NY 12229, [phone], e-mail: [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 rulemaking is filed as a Consensus rule on the grounds that its purpose is to implement or conform to non-discretionary statutory provisions. No person is likely to object to this rulemaking since it merely increases the number of children's designated specialty clinics in the City of New York, in accordance with the enacted 2008–2009 State budget.

Section 587.5 of Title 14 NYCRR defines the criteria for identifying eligible clinics, based on both the size of the population in each county or the City of New York and the number and percentage of children served in each clinic. These formulas and designations were developed to assure that children and families had access to clinics that were experienced in the treatment of children. The original designations were based on 1994 billing data. The formula for New York City limits the number of clinic programs that can be designated to 66 (15 each for the four boroughs and 6 for Staten Island). There are currently 19 additional programs that provide treatment for significant numbers of children and adolescents with serious emotional disturbances. This consensus regulation would allow all clinics licensed to the Health and Hospitals Corporation to be considered as one designated unit, and increases the overall number of clinics that can be designated in New York City, for a total of 19 new designated specialty clinics. This will create the additional capacity needed to designate the remaining clinic treatment programs with significant utilization and promote access to needed specialty care for some of New York City's most vulnerable young people. As the regulatory amendments identified above conform to non-discretionary statutory provisions, this rulemaking is non-controversial and is appropriately filed as a Consensus rule.

Statutory Authority: Sections 7.09(b), 7.15 and 31.04(a) of the Mental Hygiene Law grant the Commissioner of the Office of Mental Health the power and responsibility to plan, establish and evaluate programs and services for the benefit of persons with mental illness, and to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction.

Job Impact Statement

A Job Impact Statement is not submitted with this notice because it merely increases the number of children's designated specialty clinics in the City of New York, in accordance with the 2008–09 enacted State budget. There will be no adverse impact on jobs and employment opportunities.