OMH Rule Adoption

This comes to us from OMH.  There are no substantive changes in Part 524.

Although I did not study the other sections regarding children, hospitals, restraints, CPEPs, etc.,  (550, 580, 584, 590) they also seem to be meant to clean up the regulations, cite additional statutes that give authority, or streamline some sections by pointing the reader to other sections of regs that are the same, etc.  However, if you have any programs that are subject to these sections, you should take a look. 

We provided a clean copy exactly as OMH sent it, as well as a copy with red lines through the deleted sections and yellow highlights of the added sections because it can be confusing.
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OMH has adopted as final a rule that amends the following Parts in Title 14 NYCRR:

Part 524 – Incident Management Programs
Part 550 – Criminal History Record Checks
Part 580 – Operation of Psychiatric Inpatient Units of General Hospitals
Part 584 – Operation of Residential Treatment Facilities for Children and Youth
Part 590 – Operation of Comprehensive Psychiatric Emergency Programs

The intent of this adoption is to update existing regulations to conform to non-discretionary statutory provisions with respect to Chapter 501 of the Laws of 2012 (which created the Justice Center for the Protection of Persons with Special Needs) and the promulgation of the Health Insurance Portability and Accountability Act (HIPAA) in 2003.  In addition, OMH recently updated its regulations regarding restraint and seclusion in 14 NYCRR Part 526; this rule updates other OMH regulations accordingly.

The Notice of Adoption will be published in issue 33 of the State Register on August 17, 2016.

A copy of the text is attached for your convenience.  It will also be posted to the OMH regulations webpage shortly. http://www.omh.ny.gov/omhweb/policy_and_regulations/

Jessica Kircher
Administrative Assistant Trainee 1
Office of Counsel
Office of Mental Health
44 Holland Avenue, Albany NY 12229
(518) 473-8665 | [email protected]
www.omh.ny.gov

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