New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 587 - OPERATION OF OUTPATIENT PROGRAMS
Section 587.20 - Waivers

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 587.20

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

(a) Psychiatric coverage may be waived under the following circumstances:

(1) The Office of Mental Health may approve the use of a physician in lieu of a psychiatrist in circumstances where the outpatient 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.

(2) If the requirements of paragraph (1) of this subdivision cannot be met, the Office of Mental Health 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 the mentally ill and at least a licensed psychologist or a registered nurse or a licensed social worker who is experienced in the treatment of adults with a diagnosis of mental illness and/or children with a diagnosis of emotional disturbance.

(b) The minimum percentage of the total full-time equivalent professional staff members required to be employed full time may be reduced with the prior written approval of the Office of Mental Health if the outpatient program can demonstrate that such reduction will not diminish the effectiveness of the services provided.

(c) Referral source requirements for partial hospitalization programs, as provided in section 587.13(b) of this Part, may be waived with the prior written approval of the Office of Mental Health.

(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 of Mental Health may renew such waivers based upon a determination that conditions continue to warrant the granting of such waivers.

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