New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 501 - Mental Health Services-general Provisions
Section 501.3 - Waiver
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 501.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Waiver.
(1) The commissioner
shall have the authority to waive regulatory requirements within Chapter XIII
of this Title, which are not otherwise required by State or Federal
law.
(2) The commissioner may grant
a waiver of a regulatory requirement requested pursuant to this section if
he/she determines that:
(i) the rights,
health and safety of clients would not be diminished;
(ii) the best interests of clients would be
served;
(iii) the benefits of
waiving the requirement outweigh the public interest in meeting the
requirement; and
(iv) the purpose
of the request is to implement/test innovative programs that may increase the
efficiency or effectiveness of operations, to provide additional flexibility to
better meet local service needs while maintaining program quality and
integrity, or other purposes deemed appropriate by the commissioner.
(3) The granting of waivers will
be at the sole discretion of the commissioner.
(4) A request for a waiver must be submitted
in writing, must clearly cite the regulatory requirements at issue, must
provide sufficient evidence of prior consultation with the appropriate local
governmental unit or units, must contain substantial documentation to support
the need for the waiver, including documentation which demonstrates that it is
consistent with the provisions of paragraph (2) of this subdivision, and must
include such other information as the commissioner may require.
(5) Special limits, conditions or
restrictions may be established by the commissioner in granting a
waiver.
(6) Waivers issued under
this section shall be in effect for no longer than three years. In the case of
a waiver granted to a provider of services for who an operating certificate has
been issued pursuant to article 31 of the Mental Hygiene Law, such waiver shall
be in effect no longer than the duration of the operating certificate held by
the facility for which such waiver is granted. Waivers shall not be renewed
unless the entity to whom the waiver has been issued submits a request for
renewal to the commissioner, provides such other information as the
commissioner may require, and documents to the satisfaction of the commissioner
that there has been consultation with the appropriate local governmental unit
or units and that such renewal is consistent with the provisions of paragraph 2
of this subdivision.
(7) The office
shall provide public notice of applications for waivers by posting such
information on its internet site. The office shall review and consider any
public comments which are received regarding the application for a waiver. The
office shall supplement its internet posting with the commissioner's
determination with respect to each application, when such determination is
made.
(b) Nothing in this section shall be deemed to limit the ability of the commissioner to waive regulations, to the extent permitted by law, in extreme emergencies, such as natural disasters, acts of terrorism, or as directed by the Governor.
(c) Nothing in this section shall be deemed to alter the commissioner's authority to waive regulatory requirements in accordance with specific authority established in other Parts of Chapter XIII of this Title.
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