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 512.15 - Waivers

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 512.15

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Requirements for psychiatric coverage associated with comprehensive PROS programs with clinical treatment may be waived under the following circumstances:

(1) the office, in consultation with the local governmental unit, may approve the use of a physician in lieu of a psychiatrist in circumstances where the PROS program can demonstrate that a psychiatrist is unavailable to meet the requirement. Such physician shall have specialized training or experience in the treatment of mental illness; or

(2) if the requirements of paragraph (1) of this subdivision cannot be met, the office, in consultation with the local governmental unit, may approve a plan for the provision of an equivalent level of care which shall include, but not be limited to, a physician who does not have specialized training or experience in the treatment of persons with mental illness and at least a licensed psychologist, nurse practitioner, registered professional nurse or licensed social worker who is experienced in the treatment of adults with a diagnosis of mental illness.

(b) In the event that the requirements for psychiatric coverage have been waived pursuant to subdivision (a) of this section, the requirement for collaboration with a psychiatrist who is employed by the sponsor in accordance with section 512.7(d)(7)(v)(c) of this Part may be waived in circumstances where the PROS program can demonstrate that a psychiatrist who is not employed by the sponsor is otherwise available to provide such collaboration.

(c) The office, in consultation with the local governmental unit, may approve the use of a professional staff member on less than a full-time basis in a limited license PROS program in circumstances where the PROS program can demonstrate that a professional staff member is unavailable to meet this requirement.

(d) Providers shall apply for waivers in such form as the commissioner shall require. Waivers shall run concurrently with the term of the program's operating certificate. The office, in consultation with the local governmental unit, may renew such waivers based upon a determination that conditions continue to warrant the granting of such waivers.

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