Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
Number 47, declaring a disaster emergency in all 62 counties in the State of
New York; and
WHEREAS, on October 30, 2012, the President issued a major
disaster declaration for Bronx, Kings, Nassau, New York, Queens, Richmond and
Suffolk Counties, and on November 2, 2012, extended such declaration to include
Rockland and Westchester Counties; and
WHEREAS, many New Yorkers with developmental disabilities,
mental illnesses and alcohol and substance abuse disorders have experienced
service disruptions, many such individuals have been displaced from their
residences and programs, and the State offices and providers serving these
individuals have been severely impacted by Hurricane Sandy; and
WHEREAS, it is incumbent upon the State to ensure, to the
maximum extent feasible, that the provision of services to these individuals
continues with minimal disruption; and
WHEREAS, full compliance with certain statutory and
regulatory requirements may delay or impede the ability of providers to furnish
such services;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
of New York, by virtue of the authority vested in me by Section 29-a of Article
2-B of the Executive Law to temporarily suspend or modify specific provisions
of any statute, local law, ordinance, orders, rules or regulations, or parts
thereof, of any agency during a State disaster emergency, if compliance with
such provisions would prevent, hinder or delay action necessary to cope with
the disaster, hereby temporarily suspend or modify, as the case may be, during
the period from the date that the disaster emergency was declared pursuant to
Executive Order Number 47, issued on October 26, 2012, until further notice,
the following:
A. With respect to
programs and providers in the federally-declared counties that are under the
jurisdiction of the Office for People With Developmental Disabilities
("OPWDD"), the Office of Mental Health ("OMH") and the Office of Alcoholism and
Substance Abuse Services ("OASAS"):
1. Mental
Hygiene Law Section 33.17, and any associated regulations, to the extent they
limit who may accompany certain patients during transport to or from a
facility, so that staff members can be utilized in the most effective manner in
aiding in recovery from Hurricane Sandy;
B. With respect to programs and providers in
the federally-declared counties that are under the jurisdiction of OPWDD or
OMH:
1. Subdivision (d) of section
33.13 of the Mental Hygiene Law,
and any associated regulations, to the extent that they would limit providers
of mental hygiene services from disclosing information from a clinical record
to another treatment provider for treatment purposes, as long as such
disclosure is permitted by 45 C.F.R. Parts 160 and 164; and
2. Section
29.13 of
the Mental Hygiene Law, and any associated regulations, to the extent that they
require a new or revised treatment plan for individuals in the
federally-declared counties who are temporarily receiving services from a
different provider, in a situation in which it is not reasonably possible to
comply with all of the development, assessment, scope, frequency and
documentation requirements for treatment plans, and the provider makes
reasonable, good faith efforts to comply with the individual's existing
treatment plan, if any;
C. With respect to programs and providers
that are under the jurisdiction of OPWDD:
1.
Sections
16.03 and
16.05 of
the Mental Hygiene Law, and any associated regulations, to the extent that they
require a provider of services in a federally-declared county to provide such
services only in a certified setting, provided that the Commissioner of OPWDD
must approve the use of any uncertified setting;
2. Sections
633.8, 633.14 and 633.17 of Title
14 of the New York Code, Rules and Regulations ("NYCRR"), to the extent that
any required training for employees of providers in the federally-declared
counties and for employees of providers serving individuals displaced into
other counties as a result of Hurricane Sandy may be delayed while such
providers are coping with the recovery from Hurricane Sandy, provided that such
training shall be held as soon as practicable, and provided further that such
employees have sufficient competence to serve such individuals in the
interim;
3. Sections 635-7.3 and
635-7.4 of Title 14 of the NYCRR, for programs and providers operating in the
federally-declared counties and for programs and providers serving individuals
displaced by Hurricane Sandy, to the extent that such regulations contain
certain physical plant and environmental requirements for residential settings,
provided that any setting used for housing for individuals meets basic health
and safety requirements;
4.
Sections 671.4,
635-99.1 and
686.99 of Title 14 of the NYCRR,
for programs and providers operating in the federally-declared counties and for
programs and providers serving individuals displaced by Hurricane Sandy, to the
extent that such regulations require an annual renewal of a level of care
eligibility determination or a semi-annual review of an individual's
individualized service plan, provided that such programs and providers shall
make a good faith effort to complete such renewals and reviews as soon as
practicable;
5. Section 686.3 of
Title 14 of the NYCRR, for programs and providers operating in the
federally-declared counties and for programs and providers serving individuals
displaced by Hurricane Sandy, to the extent that such programs and providers
may exceed the capacity limits for community residences imposed by such
regulation, upon approval of the Commissioner;
6. Section 686.15 of Title 14 of the NYCRR,
for programs and providers operating in the federally-declared counties and for
programs and providers serving individuals displaced by Hurricane Sandy, to the
extent that such regulation limits the number of days respite can be provided;
and
7. Section 635-10.5 of Title 14
of the NYCRR, to the extent that such regulation requires documentation of
services provided for countable service days or contains other documentation
requirements and a provider located in a federally-declared county is unable to
document the provision of such services due to loss of records based on damage
sustained in Hurricane Sandy, provided that such provider must give reasonable
assurances that the services sought to be reimbursed were in fact
provided;
D. With
respect to programs and providers in the federally-declared counties that are
under the jurisdiction of OMH:
1. Sections
31.02 and
31.05 of
the Mental Hygiene Law, and corresponding implementing regulations in Sections
551, 580, 582, 585, 587, 589, 590, 594, 595 and 599 of Title 14 of the NYCRR,
to the extent that they require a provider of mental health services to:
(a) provide such services only at a licensed
site and
(b) set maximum
authorized capacities, provided that the Commissioner of Mental Health must
approve any unlicensed site; and
2. Section
31.27 of
the Mental Hygiene Law, and corresponding implementing regulations at sections
590.9 and
590.13 of Title 14 of the NYCRR,
to the extent necessary to give comprehensive psychiatric emergency programs
flexibility in terms of the location in which emergency psychiatric services
may be provided, and time frames in which doctors must see and observe patients
and patients must be moved to extended observation beds, without compromising
the due process rights of patients.
Signed: Andrew M. CuomoDated: November 11, 2012
