New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 599 - Clinic Treatment Programs
Section 599.4 - Definitions
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 599.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) For purposes of this Part:
(1)
After hours means
before 8 a.m., 6 p.m. or later, or during weekends.
(2)
Ambulatory Patient Groups
(APGs) means a defined group of outpatient procedures, encounters or
ancillary services grouped for payment purposes. The groupings are based on the
intensity of the services provided and the medical procedures
performed.
(3)
Base
rate means the numeric value that shall be multiplied by the weight for
a given service to determine the Medicaid fee for a service.
(4)
Clinical services contract
means a written agreement between the governing authority of an existing or
proposed provider of services and another organization separate from the
provider of services for the purpose of obtaining some of the clinical services
or some of the clinical staff necessary to operate the program in compliance
with requirements for an operating certificate.
(5)
Clinical staff means staff
members who provide services directly to individuals, including professional
staff, non-licensed professional staff, paraprofessional staff, and student
interns.
(6)
Clinician
means a person who is a member of the professional staff, or non-licensed
professional staff.
(7)
Collateral means a person who is a member of the individual's
family or household, or other person who regularly interacts with the
individual and is directly affected by or has the capability of affecting their
condition, and is identified in the treatment plan as having a role in
treatment and/or is necessary for participation in the evaluation and
assessment of the individual prior to admission. A group composed of
collaterals of more than one individual may be gathered together for purposes
of goal-oriented problem solving, assessment of treatment strategies and
provision of practical skills for assisting the individual in the management of
their illness.
(8)
Commissioner means the Commissioner of the New York State Office
of Mental Health.
(9)
Community education means activities designed to increase
community awareness of the manifestations of mental illness and emotional
disturbance and the benefits of early identification and treatment.
(10)
Counseling means the
provision of assistance and guidance in resolving personal, social, or
psychological problems and difficulties
(11)
Current Procedural Terminology
(CPT) means codes used in a coding system for health care procedures as
defined in the publication Current Procedural Terminology which is published by
the American Medical Association (AMA).
(12)
Designated mental illness
means a disruption of cognitive, emotional, or behavioral functioning, which
can be classified and diagnosed using the current edition of the Diagnostic and
Statistical Manual of Mental Disorders (DSM), or the International
Classification of Diseases (ICD), other than:
(i) substance use disorders in the absence of
other mental health conditions defined in the DSM or ICD;
(ii) Neurodevelopmental disorders in the
absence of other mental health conditions defined in the DSM or ICD except
Attention-Deficit/Hyperactivity Disorder and Tic Disorders;
(iii) major neurocognitive disorder,
traumatic brain injury, or mental disorders due to another medical condition;
or
(iv) V-Codes . Other conditions
that may be a focus of clinical attention (commonly described with Z codes),
except Parent-Child Relational Problem (V61.20/Z62.820) for children.
(13)
Diagnostic and
treatment center, for the purposes of this Part, means an outpatient
program licensed as a diagnostic and treatment center pursuant to article 28 of
the Public Health Law which provides more than 10,000 mental health visits
annually, or for which mental health visits comprise over 30 percent of the
annual visits. A program providing fewer than 2,000 total visits annually shall
not be required to be licensed by the Office.
(14)
Director of Community
Services shall mean the director of community services for the mentally
disabled appointed pursuant to Mental Hygiene Law.
(15)
Evidence-based treatment
means an intervention for which there is consistent scientific evidence
demonstrating improved outcomes.
(16)
Healthcare common procedure coding
system (HCPCS codes) means a comprehensive, standardized coding and
classification system for health services and products.
(17)
Homebound individuals means
people who have been determined by a licensed clinician to have a physical
and/or mental illness that prevents them from leaving their residence to access
mental health services or for whom a physician determines that leaving the
residence to access mental health services would be detrimental to their health
or mental health.
(18)
Hospital-based Mental Health Outpatient Treatment and Rehabilitative
Service Programs means a mental health program which is operated by a
psychiatric hospital or a general hospital and is licensed under Article 28 of
the Public Health Law and Article 31 of the Mental Hygiene Law, or is licensed
solely under Article 28 of the Public Health Law and provides more than 10,000
mental health visits annually, or for which mental health visits comprise over
30 percent of the annual visits. A Mental Health Outpatient Treatment and
Rehabilitative Service program licensed solely under Article 28 which provides
fewer than 2,000 total visits annually shall not be required to be licensed by
the Office.
(19)
Injectable
psychotropic medication administration with or without monitoring and
education means the process of preparing and administering the injection
of intramuscular psychotropic medications. With monitoring and education it
includes individual education related to the use of the medication, as
necessary.
(20)
Linkage with
primary care means activities designed to promote coordination,
continuity and efficiency of mental health services and primary care services
received by the individual.
(21)
Local governmental unit (LGU) means the unit of local government
authorized in accordance with Article 41 of the Mental Hygiene Law to provide
and plan for local or unified services.
(22)
Modifiers means payment
adjustments made to Medicaid fees for specific reasons such as billing for
services in languages other than English and services delivered after
hours.
(23)
Office
means the New York State Office of Mental Health.
(24)
Mental Health Outpatient Treatment
and Rehabilitative Service Program means a program licensed as a Mental
Health Outpatient Treatment and Rehabilitative Service program under Article 31
of the Mental Hygiene Law.
(25)
Off-site Location means a location at which services are
delivered. Locations including but not limited to the community, or the
individual's place of residence. The location in which the service is provided
is determined by the individual's needs and goals documented in the
individual's record.
(26)
Peer group is a billing term that means a grouping of providers
sharing similar features such as geography or auspice.
(27)
Preadmission status means
the status of an individual who is being evaluated to determine whether they
are appropriate for admission to the Mental Health Outpatient Treatment and
Rehabilitative Service program.
(28)
Preadmission visit means
visits provided prior to admission to a Mental Health Outpatient Treatment and
Rehabilitative Service program.
(29)
Primary clinician is the
clinician responsible for the development and implementation of the treatment
plan.
(30)
Provider of
service means the entity which is responsible for the operation of a
program. Such entity may be an individual, partnership, association or
corporation. For purposes of this Part, unless otherwise noted, the term also
applies to a psychiatric center or institute operated by the Office of Mental
Health.
(31)
Quality
improvement means a systematic and ongoing process for measuring and
assessing the performance of a Mental Health Outpatient Treatment and
Rehabilitative Service program and for conducting initiatives and taking action
to improve safety, effectiveness, timeliness, person centeredness or other
aspects of services.
(32)
Satellite means a physically separate site to a certified Mental
Health Outpatient T reatment and Rehabilitative Service program, which provides
either a full or partial array of outpatient services on a regularly and
routinely scheduled basis (full or part time).
(33)
Serious emotional
disturbance means a child or adolescent has a designated mental illness
diagnosis according to the most current Diagnostic and Statistical Manual of
Mental Disorders (DSM) and has experienced functional limitations due to
emotional disturbance over the past 12 months on a continuous or intermittent
basis. The functional limitations must be moderate in at least two of the
following areas or severe in at least one of the following areas:
(i) ability to care for self (e.g., personal
hygiene; obtaining and eating food; dressing; avoiding injuries); or
(ii) family life (e.g., capacity to live in a
family or family like environment; relationships with parents or substitute
parents, siblings and other relatives; behavior in family setting);
or
(iii) social relationships
(e.g., establishing and maintaining friendships; interpersonal interactions
with peers, neighbors and other adults; social skills; compliance with social
norms; play and appropriate use of leisure time); or
(iv) self-direction/self-control (e.g.,
ability to sustain focused attention for a long enough period of time to permit
completion of age-appropriate tasks; behavioral self-control; appropriate
judgment and value systems; decision-making ability); or
(v) ability to learn (e.g., school
achievement and attendance; receptive and expressive language; relationships
with teachers; behavior in school).
(34)
Specialty Mental Health
Outpatient Treatment and Rehabilitative Service means a program designated by
the Commissioner as specializing in the provision of services to children who
have a designated mental illness diagnosis and an impairment in functioning due
to serious emotional disturbance.
(35)
Supplemental payment means
payments in addition to the service fee amount.
(36)
Visit means an interaction
consisting of one or more procedures occurring between a n individual and/or
collateral and the clinic al staff on a given day.
(37)
Weight means a numeric
value that reflects the relative expected average resource utilization for each
service as compared to the expected average resource utilization for all other
services.
(b) Staffing Definitions
(1)
Certified Peer Specialists, Credentialed Family Peer Advocates, and
Credentialed Youth Peer Advocates are qualified by personal experience
and will be certified or provisionally certified.
(i)
Certified Peer Specialists
will:
(a) Identify as being actively
in recovery from a mental health condition or major life disruption and
self-disclose one's mental health recovery journey; and
(b) Possess a certification from or are
provisionally certified as a Certified Peer Specialist by an OMH-approved
Certified Peer Specialist certification program.
(ii)
Credentialed Family Peer Advocates
(FPA) will:
(a) Demonstrate lived
experience as a parent or primary caregiver who has navigated multiple
child-serving systems on behalf of their child(ren) with social, emotional,
developmental, health and/or behavioral healthcare needs;
(b)Possess a credential from or are
provisionally credentialed as a Family Peer Advocate by an OMH-approved Family
Peer Advocate credentialing program;
(iii)
Credentialed Youth Peer Advocate
will:
(a) Demonstrate "lived
experience" as a person with first-hand experience with mental health and/or
co-occurring behavioral health challenges in juvenile justice, special
education, and/or foster care settings who is able to assist in supporting
young people attain resiliency/recovery and wellness; and
(b) Possess a valid credential from or are
provisionally certified as a Youth Peer Advocate by an OMH-approved Youth Peer
Advocate credentialing program.
(2)
Licensed Practitioner of the
Healing Arts (LPHA). Licensed practitioner of the healing arts (LPHA)
means the following professional staff:
(i)
nurse practitioner;
(ii)
physician;
(iii) physician
assistant;
(iv) psychiatric nurse
practitioner;
(v)
psychiatrist;
(vi)
psychologist;
(vii) registered
nurse;
(viii) licensed clinical
social worker (LCSW); and
(ix)
licensed master social worker (LMSW) if supervised by an LCSW, licensed
psychologist, or psychiatrist employed by the agency.
(x) licensed mental health counselors
(LMHC);
(xi) licensed marriage and
family therapists (LMFT);
(xii)
licensed psychoanalysts; and
(xiii)
licensed creative arts therapists (LCAT).
(3)
Limited permit means that
the New York State Education Department has determined that permit holders have
met all requirements for licensure except those relating to the professional
licensing final examination, and that pending licensure limited permit holders
are functioning under proper supervision as outlined in the New York State
Education Department law governing each of the professions.
(4)
Paraprofessional staff are
individuals qualified by formal or informal training and professional
experience in a mental health field or treatment setting and who are supervised
by professional staff. Paraprofessional staff are at least 18 years of age and
have a bachelor's degree, which may be substituted for a high school diploma or
equivalent and 1-3 years of relevant experience working with individuals with
serious mental illness or substance use disorders.
(5)
Professional staff means
practitioners possessing a license or a limited permit from the New York State
Education Department who are qualified by credentials, training, and experience
to provide direct services related to the treatment of mental illness and shall
include the following:
(i)
Creative
arts therapist is an individual who is currently licensed as a creative
arts therapist by the New York State Education Department or possesses a
creative arts therapist permit from the New York State Education
Department.
(ii)
Licensed
practical nurse is an individual who is currently licensed as a licensed
practical nurse by the New York State Education Department or possesses a
licensed practical nurse permit from the New York State Education
Department.
(iii)
Psychoanalyst is an individual who is currently licensed as a
psychoanalyst by the New York State Education Department or possesses a permit
from the New York State Education Department.
(iv)
Psychologist is an
individual who is currently licensed as a psychologist by the New York State
Education Department or possesses a permit from the New York State Education
Department.
(v)
Marriage and
family therapist is an individual who is currently licensed as a
marriage and family therapist by the New York State Education Department or
possesses a permit from the New York State Education Department.
(vi)
Mental health counselor is
an individual who is currently licensed as a mental health counselor by the New
York State Education Department or possesses a permit from the New York State
Education Department.
(vii)
Nurse practitioner is an individual who is currently certified as
a nurse practitioner by the New York State Education Department or possesses a
permit from the New York State Education Department.
(viii)
Nurse practitioner in
psychiatry is an individual who is currently certified as a nurse practitioner
with an approved specialty area of psychiatry (NPP) by the New York State
Education Department or possesses a permit from the New York State Education
Department.
(ix)
Physician is an individual who is currently licensed as a
physician by the New York State Education Department or possesses a permit from
the New York State Education Department.
(x)
Physician assistant is an
individual who is currently licensed or possesses a permit to practice as a
physician assistant issued by the New York State Education
Department.
(xi)
Psychiatrist is an individual who is currently licensed or
possesses a permit to practice medicine in New York State.
(xii)
Registered Professional
Nurse is an individual who is currently licensed as a registered
professional nurse by the New York State Education Department or possesses a
permit from the New York State Education Department.
(xiii)
Social worker is an
individual who is either currently licensed as a licensed master social worker
or as a licensed clinical social worker by the New York State Education
Department, or possesses a permit from the New York State Education Department
to practice and use the title of either licensed master social worker or
licensed clinical social worker.
(c) Service Component Definitions
(1)
Assessment/Screening means services to identify an individual's
needs, strengths and service needs, through evaluation and information
gathering of an individual's current psychiatric, physical and behavioral
health condition(s) and history for the purpose of establishing a diagnosis and
determining appropriate services to meet their needs. Assessments include
health screenings and physicals to determine the need for and referral to
additional physical health services. Assessments also include interactions with
an individual's collateral supports to obtain necessary information for the
benefit of the treatment planning for the individual.
(2)
Complex care management
means time-limited interventions to restore functioning and address the
symptoms of mental illness, including skill-building to help individuals
identify solutions to problems that threaten recovery and care coordination
services to help individuals connect with medical or other remedial
services.
(3)
Crisis
Intervention Services, including crisis response, and crisis planning
means services including medication and verbal therapy designed to address and
remediate acute distress and associated behaviors and rehabilitate individuals
who are experiencing or who are at risk of experiencing acute mental health
crises and to avoid the need for emergency or inpatient psychiatric hospital
services. Crisis intervention services also include:
(i) Crisis response services, which are
services to safely and respectfully de-escalate situations of acute distress or
agitation which require immediate attention; and
(ii) Crisis planning services, which are
rehabilitative skills training services to assist individuals to effectively
avoid or respond to mental health crises by identifying triggers that risk
their remaining in the community or that result in functional impairments.
Services assist the individual or family members, or other collaterals as
necessary for the benefit of the individual, with identifying a potential
psychiatric or personal crisis, developing a crisis management or safety plan,
or as appropriate, seeking other supports to restore stability and
functioning.
(4)
Developmental testing means diagnostic services including the
administration, interpretation, and reporting of screening and assessment
instruments for children and adolescents to assist in the determination of the
child's developmental level for the purpose of facilitating the mental health
diagnosis and treatment planning processes.
(5)
Health monitoring means
diagnostic and therapeutic services for preventive medicine counseling and risk
factor reduction interventions. These interventions are intended to address
conditions associated with increased risk of medical illness and early death,
including but not limited to blood pressure, body mass index (BMI), diet and
exercise, alcohol, tobacco and other drug use, sexual practices, injury
prevention, dental health, diagnostic and laboratory test results available at
the time of the encounter. These interventions are also intended to address
issues related to social determinants of health including but not limited to
food insecurity, housing instability, poverty, exposure to violence.
(i)
Health physical means the
physical evaluation of an individual, including an age and gender appropriate
history, examination, and the ordering of laboratory/diagnostic procedures, as
appropriate.
(ii)Health
screening means the initial gathering and assessing of information
concerning the individuals' medical history and current physical health status
(including physical examination and determination of substance use) for
purposes of informing an assessment and determination of its potential impact
on an individual's mental health diagnosis and treatment, and the need for
additional health services or referral.
(6)
Neurobehavioral Status
Examination is a clinical assessment of thinking, reasoning and
judgment, including attention, language, memory, problem solving and visual
spatial abilities and interpretation of the results for treatment
planning.
(7)
Peer and Family
Peer Recovery Support Services means services for adults and
children/youth, including age-appropriate psychoeducation, counseling,
person-centered goal planning, modeling effective coping skills, and
facilitating community connections and crisis support to reduce symptomology
and restore functionality. Family Peer Recovery Support Services also include
engagement, bridging support, parent skill development, and crisis support for
families caring for a child who is experiencing social, emotional, medical,
developmental, substance use and/or behavioral challenges in their home,
school, placement, and/or community to promote recovery, self-advocacy, and the
development of natural supports and community living skills.
(8)
Psychiatric consultation
means an evaluation of a recipient by a physician, nurse practitioner, or
physician's assistant, including the preparation, evaluation, report or
interaction between the practitioner and a referring practitioner for the
purposes of diagnosis, integration of treatment and continuity of
care.
(9)
Psychological testing means a psychological evaluation, including
psychological testing evaluation services and test administration and scoring,
using standard assessment methods and instruments to assist in mental health
assessment and the treatment planning processes.
(10)
Psychotherapy means
therapeutic services for the purpose of alleviating symptoms or dysfunction
associated with an individual's mental health condition or emotional
disturbance, reversing or changing maladaptive patterns of behavior,
encouraging personal growth and development, and supporting the individual's
capacity to develop or restore age-appropriate developmental milestones.
Services include tobacco use disorder treatment services.
(11)
Medication treatment means
monitoring and evaluating target symptom response to treat the individual's
mental illness and/or substance use disorder, ordering and reviewing diagnostic
studies, writing prescriptions and consumer education as appropriate,
preparing, administering and monitoring the injection of intramuscular
medications.
(12)
Screening,
Brief Intervention and Referral to Treatment (SBIRT) is an
evidence-based assessment, counseling, and referral services which provide:
(1) screening to identify individuals
exhibiting or who are at risk of substance use-related problems;
(2) early intervention, including counseling
and skills restoration services to modify risky consumption patterns and
behaviors; and
(3) referral to
appropriate services for individuals who need more extensive, specialized
treatment to address such substance consumption patterns and
behaviors.
(13)
Treatment planning is an ongoing, collaborative and
person-centered process directed by the individual in collaboration with the
individual's family or other collaterals, as appropriate and approved by the
individual and a licensed clinician, resulting in the development of treatment
and rehabilitative goals, needs, preferences, capacities and desired outcomes
for the provision of services.
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