New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 578 - Medical Assistance Rates Of Payment For Residential Treatment Facilities For Children And Youth
Section 578.13 - Allowable patient days

(a) For purposes of determining a rate of payment, allowable patient days shall be computed using the higher of allowable days pursuant to section 578.4(b) of this Part or a minimum utilization of 90 percent of certified bed capacity, provided that the number of allowable days shall not exceed a maximum utilization of 96 percent of certified bed capacity.

(b) The minimum utilization requirements pursuant to subdivision (a) of this section may be waived in full or in part by the commissioner if it is demonstrated to the satisfaction of the commissioner that waiver is appropriate.