New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 512 - Personalized Recovery Oriented Services
Section 512.11 - Medicaid reimbursement
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 512.11
Current through Register Vol. 46, No. 39, September 25, 2024
(a) General reimbursement requirements for PROS providers.
(1) Reimbursement shall be made only for
individuals who:
(i) are in pre-admission
status pursuant to section
512.7(c)(4)
of this Part;
(ii) are registered
in a PROS program pursuant to section
512.7(c)(13)
of this Part; or
(iii) are
collaterals of persons who are registered in a PROS program, or are in
pre-admission status.
(2) Unless an individual is registered with a
PROS program pursuant to section
512.7(c)
of this Part, reimbursement is limited to the pre-admission monthly base rate,
consistent with section
512.12(e)
of this Part.
(3) For purposes of
reimbursement for individuals enrolled in Medicaid managed care, a PROS program
is considered to be a carved-out service.
(4) When available and appropriate, PROS
providers shall maximize the use of funding from the Office of Vocational and
Educational Services for Individuals with Disabilities (VESID). Time spent in
such funded activities shall not be included in the duration of program
participation pursuant to paragraph (b)(4) of this section.
(5) In order to be eligible for
reimbursement, any PROS service provided to a PROS participant in the
participant's employment setting and any ORS service shall be on a one-to-one
basis.
(b) Reimbursement for comprehensive PROS programs.
(1) A
comprehensive PROS program shall be reimbursed on a monthly case payment
basis.
(2) The reimbursement
structure for a comprehensive PROS program consists of the following four
elements:
(i) monthly base rate;
(ii) IR component add-on;
(iii) ORS component add-on; and
(iv) clinical treatment component
add-on.
(3) The basic
measure for the PROS monthly base rate is the PROS unit. PROS units are
accumulated during the course of each day that the individual participates in
the PROS program, and are aggregated up to a monthly total to determine the
amount of the PROS monthly base rate that can be billed for the individual
during a particular month.
(4) The
PROS unit is determined by the duration of program participation, which
includes a combination of on-site and off-site program participation and
service frequency as defined in section
512.4 of
this Part.
(5) Program
participation is measured and accumulated in 15 minute increments. Increments
of less than 15 minutes must be rounded down to the nearest quarter hour to
determine the program participation for the day.
(6) Medically necessary PROS services
include:
(i) assessment services;
(ii) crisis intervention services;
(iii) engagement services;
(iv) individualized recovery planning
services;
(v) pre-admission
screening services provided during pre-admission status and documented in a
pre-admission screening note;
(vi)
services delineated in the screening and admission note pursuant to section
512.7(c)(7)
of this Part, which are provided subsequent to the individual's admission date,
but prior to the completion of the initial IRP, and documented in the progress
note; and
(vii) services identified
in, and provided in accordance with, the individual's IRP.
(7) If a recipient employee provides a
medically necessary service to other participants in the PROS program, such
service may be included in the calculation of PROS units for such participants,
as applicable. However, such service may not be included in the calculation of
PROS units for the recipient employee.
(8) In order to accumulate any PROS units for
a day, a PROS program must deliver a minimum of one medically necessary PROS
service to an individual or collateral during the course of the day.
(9) PROS units are accumulated in intervals
of 0.25. The maximum number of PROS units per individual per day is
five.
(10) The formula for
accumulating PROS units during a program day is as follows:
(i) If one medically necessary PROS service
is delivered, the number of PROS units is equal to the duration of program
participation, rounded down to the nearest quarter hour, or two units,
whichever is less.
(ii) If two
medically necessary PROS services are delivered, the number of PROS units is
equal to the duration of program participation, rounded down to the nearest
quarter hour, or four units, whichever is less.
(iii) If three or more medically necessary
PROS services are delivered, the number of PROS units is equal to the duration
of program participation, rounded down to the nearest quarter hour, or five
units, whichever is less.
(11) To satisfy the service frequency
requirement of this Part, services must be provided in accordance with the
following:
(i) services provided in a group
format shall be at least 30 minutes in duration; and
(ii) services provided in an individual
modality shall be at least 15 minutes in duration.
(12) When a medically necessary CRS service
is provided in a group format, such service shall not be used to satisfy the
service frequency requirement of this Part for more than 12 members of the
group per each participating staff member.
(13) To determine the monthly base rate, the
daily PROS units accumulated during the calendar month are aggregated and
translated into one of five payment levels, in accordance with section
512.12(e)
of this Part.
(14) A minimum of two
PROS units must be accrued for an individual during a calendar month in order
to bill the monthly base rate.
(c) Reimbursement for component add-ons in comprehensive PROS programs.
(1) The three
component add-ons pursuant to paragraph (b)(2) of this section are provided in
recognition that certain activities involve increased costs due to their
intensity or the need for specialized staff expertise.
(i) Up to two component add-ons may be billed
per individual per month.
(ii) In
no event shall an ORS component add-on and an IR component add-on be billed in
the same month for the same individual.
(iii) Component add-ons shall not be billed
prior to the calendar month in which the individual is registered with the PROS
program.
(2) Intensive
rehabilitation.
(i) In order to bill the IR
component add-on, an individual must have received at least six PROS units
during the month, including at least one IR service, as identified in section
512.7(b)(4)
of this Part.
(ii) When a medically
necessary IR service, other than family psychoeducation/intensive family
support, is provided in a group format, such service shall not be used to
satisfy the service frequency requirement of this Part, or the IR service
requirement of subparagraph (i) of this paragraph, for more than eight members
of the group.
(iii) When a
medically necessary family psychoeducation/intensive family support IR service
is provided in a group format, such service shall not be used to satisfy the
service frequency requirement of this Part, or the IR service requirement of
subparagraph (i) of this paragraph, for more than 16 members of the
group.
(iv) Medicaid may reimburse
the IR component add-on for up to 50 percent of a provider's total number of
monthly base rate bills submitted annually.
(v) In instances where a comprehensive PROS
program provides IR services to an individual, but CRS services are provided by
another provider of service or no CRS services are provided in the month, the
comprehensive PROS provider shall submit an IR-only bill. When an IR-only bill
is submitted, the minimum six PROS units required pursuant to subparagraph (i)
of this paragraph shall be limited to the provision of IR services.
(3) Ongoing rehabilitation and
support.
(i) PROS programs may only bill the
ORS component add-on for individuals who work in an integrated competitive job
for a minimum of 10 hours per week. However, to allow for periodic absences due
to illness, vacations, or temporary work stoppages, individuals who are
scheduled to work at least 10 hours per week and have worked at least one week
within the month for 10 hours qualify for reimbursement.
(ii) A minimum of two face-to-face contacts
with the individual and/or identified collateral, which include ongoing
rehabilitation and support services, must be provided per month. A minimum
contact is 30 continuous minutes in duration. At least two of the face-to-face
contacts must occur on separate days. A contact may be split between the
individual and the collateral. At least one visit per month shall be with the
individual only.
(iii) In instances
where a comprehensive PROS program provides ORS services to an individual, but
CRS services are provided by another provider of service or no CRS services are
provided in the month, the comprehensive PROS provider shall submit an ORS-only
bill. Notwithstanding paragraph (b)(15) of this section, the minimum service
requirement for submission of an ORS-only bill shall be consistent with
subparagraph (ii) of this paragraph.
(4) Clinical treatment.
(i) In order to bill the clinical treatment
add-on, a minimum of one clinical treatment service, as identified in section
512.7(b)(9)
of this Part, must be provided during the month.
(ii) Individuals receiving clinical treatment
must have, at a minimum, one face-to-face contact with a psychiatrist or nurse
practitioner in psychiatry every three months, or more frequently as clinically
appropriate. Such contact during any of the first three calendar months of the
individual's admission will enable billing for the month of contact, any
preceding months in which the client has been registered with the PROS program,
and the two months following the month of contact. Thereafter, each month that
contains a contact with a psychiatrist or nurse practitioner in psychiatry will
enable billing for that month and the next two months.
(iii) The clinical treatment component may
only be reimbursed in conjunction with the monthly base rate and/or the
intensive rehabilitation or ongoing rehabilitation and support
add-on.
(iv) If it is clinically
appropriate to deliver a clinical treatment service in a group format, the
group size limitations for CRS services in sections
512.7(b)(3)
and 512.11(b)(13) of this Part shall apply.
(d) Reimbursement for limited license PROS programs.
(1) A limited license PROS program
shall be reimbursed on a monthly case payment basis.
(2) A limited license PROS program may be
reimbursed in a given month for either one monthly IR component or one monthly
ORS component per individual.
(3)
To bill the IR component on behalf of an individual, the individual must
participate in at least six units of IR services per month.
(4) To bill the ORS component on behalf of an
individual, notwithstanding paragraph (b)(15) of this section, a minimum of two
face-to-face contacts per month must be provided. A minimum contact is 30
continuous minutes in duration. At least two of the face-to-face contacts must
occur on separate days.
(5) PROS
programs may only bill the ORS component for individuals who work in an
integrated competitive job for a minimum of 10 hours per week. However, to
allow for periodic absences due to illness, vacations, or temporary work
stoppages, individuals who are scheduled to work at least 10 hours per week and
have worked at least one week within the month for 10 hours qualify for
reimbursement.
(e) Reimbursement for pre-admission program participation.
(1) Reimbursement for individuals who are in
continuous pre-admission status is limited to two consecutive months, whether
or not the individual is ultimately admitted to the program.
(i) If pre-admission program participation
occurs in the month preceding the month of admission, reimbursement cannot
exceed the pre-admission monthly base rate pursuant to section
512.12(e)
of this Part.
(ii) If pre-admission
program participation occurs during the month of admission, but the individual
has not been registered in the PROS program during that month, reimbursement
cannot exceed the pre-admission monthly base rate pursuant to section
512.12(e)
of this Part.
(2) If
pre-admission program participation occurs during the month of admission, the
pre-admission program participation may be included in the total number of PROS
units accumulated during the calendar month.
(3) In no event shall the use of the
pre-admission monthly base rate exceed two consecutive months per
individual.
(f) Co-enrollment limitations.
(1) General rules.
(i) When an individual is registered in a
PROS program, Medicaid reimbursement for participation in other community-based
programs may be limited, depending upon the level of PROS participation and the
category of the community-based program. This subdivision describes the
conditions under which Medicaid will pay for those services.
(ii) If an individual is in pre-admission
status pursuant to section
512.7(c)
of this Part, the co-enrollment limitations described in this subdivision are
not applicable. This exception shall be limited to two consecutive calendar
months for each pre-admission episode.
(iii) When co-enrollment is otherwise
permitted by this Part, participation in multiple programs may occur on the
same day.
(iv) In some instances,
the PROS registration system can be used to enforce the co-enrollment rules
described in this subdivision. In those circumstances, the registration system
precludes initial payment to providers other than the PROS provider with whom
an individual is registered. In circumstances in which the PROS registration
system cannot be used to enforce the co-enrollment rules described in this
subdivision, any post-payment recoveries will be conducted pursuant to
subdivision (g) of this section.
(v) If an individual is registered in a
Medicaid-eligible program that has a restriction/ exception code or a Medicaid
coverage code in the Welfare Management System and the New York State
Department of Health has designated the program as not eligible for
co-enrollment with the PROS program, the PROS program shall not receive
reimbursement.
(2)
Multiple PROS programs. Medicaid may reimburse for unduplicated components of
service provided to an individual in a given month in multiple PROS programs.
However, Medicaid shall not reimburse an IR component and an ORS component in a
given month for the same individual.
(3) OMH-licensed or Office for People With
Developmental Disabilities (OPWDD)- licensed clinic and PROS program.
(i) Medicaid shall not reimburse for both
clinical treatment services provided to an individual in a given month in the
clinical treatment component of a comprehensive PROS program and a clinic
licensed pursuant to Part 599 or Part 679 of this Title.
(ii) Medicaid may reimburse for services
provided to a PROS participant in a given month in a clinic as long as the
individual is not registered in the PROS clinical treatment component
(iii) Medicaid may reimburse for services
provided to an individual in a given month in both a limited license PROS
program and a clinic licensed pursuant to Part 599 or Part 679 of this
Title.
(4) OMH-licensed
continuing day treatment (CDT) program and PROS program.
(i) Medicaid shall not reimburse for both
services provided to an individual in a given month in a comprehensive PROS
program and a CDT program licensed pursuant to Part 587 of this
Title.
(ii) Medicaid may reimburse
for the IR or ORS components of service provided to an individual in a given
month in a limited license PROS program and for services provided in a CDT
program licensed pursuant to Part 587 of this Title only if the CDT provider
and the PROS provider are not operated by the same sponsor.
(5) OMH-licensed partial
hospitalization (PH) program and PROS program. Medicaid may reimburse for
services provided to an individual in a given month in both a PROS program and
a PH program licensed pursuant to Part 587 of this Title.
(6) OMH-licensed intensive psychiatric
rehabilitation treatment program (IPRT) and PROS program. Medicaid shall not
reimburse for both services in a given month provided in a PROS program and an
IPRT.
(7) OMH-licensed assertive
community treatment (ACT) program and PROS program.
(i) Medicaid may reimburse for services
provided to an individual in both a comprehensive PROS program and an ACT
program for no more than three months within any 12-month period.
(ii) Medicaid reimbursement of the PROS
provider shall be limited to level 1, 2 or 3 of the PROS monthly base
rate.
(iii) Medicaid reimbursement
of the ACT provider shall be limited to the partial stepdown payment rate,
pursuant to Part 508 of this Title.
(8) Intensive, supportive or blended case
management (ICM/SCM/BCM) program and PROS program. Medicaid may reimburse for
services in a given month provided in both a PROS program and an ICM/SCM/BCM
program.
(9) Pre-paid mental health
plan (PMHP) program and PROS program. Medicaid shall not reimburse for both
services in a given month provided in a PROS program and a PMHP
program.
(10) OPWDD-sponsored
pre-vocational or supported employment services and PROS program.
(i) Medicaid shall not reimburse for both
services provided to an individual in a given month in the IR component of a
PROS program and pre-vocational or supported employment services pursuant to
section
635-10.4(c)
of this Title.
(ii) Medicaid shall
not reimburse for both services provided to an individual in a given month in
the ORS component of a PROS program and pre-vocational or supported employment
services pursuant to section
635-10.4(c)
of this Title.
(11)
OPWDD-sponsored day services and PROS program. When medically necessary,
Medicaid may reimburse for services provided to an individual in a given month
in both OPWDD-licensed day treatment programs pursuant to Part 690 of this
Title or OPWDD-sponsored day habilitation services pursuant to section 635-
10.4(b)(2) of this Title and a PROS program. Medicaid reimbursement of a
comprehensive PROS provider shall be limited to level 1 or 2 of the PROS
monthly base rate.
(12)
DOH-licensed outpatient program and PROS program.
(i) Medicaid shall not reimburse for any
mental health services provided in a given month in an outpatient program
licensed pursuant to article 28 of the Public Health Law to an individual who
is registered in a PROS program.
(ii) This paragraph is not applicable to
outpatient programs that are licensed by both OMH and DOH.
(g) Post-payment audits and recoveries.
(1) In circumstances in which the
PROS registration system cannot be used to enforce the co-enrollment rules
pursuant to subdivision (f) of this section, or other reimbursement limitations
described in this Part, providers will be subject to post-payment audits and
recoveries in accordance with this subdivision.
(2) If Medicaid provided reimbursement to a
PROS program that was not authorized pursuant to subparagraph (c)(2)(iv) of
this section, the program is not entitled to retain Medicaid reimbursement for
the IR component add-on in excess of the 50 percent limit.
(3) If Medicaid provided reimbursement to a
PROS program and/or a clinic program that was not authorized pursuant to
paragraph (f)(3) of this section, and both the PROS program and the clinic
program are operated by the same sponsor:
(i)
If both programs received reimbursement for the same individual, the clinic
program is not entitled to retain any of the funds paid to the clinic program
on behalf of that individual.
(ii)
If only the clinic program received reimbursement for an individual who is
registered in the PROS program, the clinic program is not entitled to retain
any of the funds paid to the clinic program on behalf of that individual in
excess of the amount of the PROS clinical treatment component add-on, described
in section
512.12(e)(1)
of this Part.
(4) If
Medicaid provided reimbursement to both a PROS program and a CDT program
operated by the same sponsor that was not authorized pursuant to paragraph
(f)(4) of this section, the CDT program is not entitled to retain any of the
funds paid to the CDT program in a given month on behalf of the same
individual.
(5) If Medicaid
provided reimbursement to both a PROS program and an IPRT program operated by
the same sponsor that was not authorized pursuant to paragraph (f)(6) of this
section, the IPRT program is not entitled to retain any of the funds paid to
the IPRT program in a given month on behalf of the same individual.
(6) If Medicaid provided reimbursement to a
PROS program and an ACT program that are not authorized pursuant to paragraph
(f)(7) of this section, such providers are not entitled to retain such
reimbursement as follows:
(i) If
reimbursement to the PROS provider exceeds three months within a 12- month
period, the PROS provider is not entitled to retain any reimbursement in excess
of three months.
(ii) If
reimbursement to the PROS provider exceeds level 3 of the monthly base rate,
the PROS provider is not entitled to retain any amounts in excess of level 3 of
the monthly base rate.
(iii) If
reimbursement to the ACT provider exceeds the partial stepdown payment rate,
the ACT provider is not entitled to retain any funds paid to the ACT provider
in excess of the allowable payment.
(7) If Medicaid provided reimbursement to a
PROS program and a PMHP program that was not authorized pursuant to paragraph
(f)(9) of this section, the PMHP program is not entitled to retain the
equivalent of any funds paid to the PROS provider, up to the amount paid to the
PMHP provider on behalf of the same individual.
(8) If Medicaid provided reimbursement to a
PROS program and an OPWDD-sponsored pre-vocational or supported employment
program that was not authorized pursuant to paragraph (f)(10) of this section,
the PROS provider is not entitled to retain the IR or ORS component
add-on.
(9) If Medicaid provided
reimbursement to a PROS program and an OPWDD-sponsored day program that was not
authorized pursuant to paragraph (f)(11) of this section, the PROS provider is
not entitled to retain any amounts in excess of level 2 of the monthly base
rate.
(10) If Medicaid provided
reimbursement to a PROS program and a DOH-licensed program that was not
authorized pursuant to paragraph (f)(12) of this section, the DOH-licensed
program is not entitled to retain any of the funds paid to the DOH-licensed
program for mental health services on behalf of that individual.
(11) In the event that the PROS registration
system fails to enforce the reimbursement limitations pursuant to this Part,
the State reserves the right to recover any duplicative or improper
payments.
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