reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.2 - Legal basis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental
				Hygiene Law authorizes the Commissioner to adopt standards including necessary
				rules and regulations pertaining to addiction services.
(b) Section 19.09 (b)  of the Mental
				Hygiene Law authorizes the Commissioner to adopt regulations necessary and
				proper to implement any matter under their jurisdiction.
(c) Section 32.01  of the Mental Hygiene Law authorizes
				the Commissioner to adopt any regulation reasonably necessary to implement and
				effectively exercise the powers and perform the duties conferred by Article 32
				of the Mental Hygiene Law.
(d)
				Section 32.07 (a)  of the Mental
				Hygiene Law authorizes the Commissioner to adopt regulations to effectuate the
				provisions and purposes of Article 32 of the Mental Hygiene Law.
(e) Sections 43.01 and 43.02  of the Mental
				Hygiene Law grant the Commissioner the power and responsibility to adopt
				regulations that are necessary and proper to implement matters under his/her
				jurisdiction and to establish standards and methods of payment made by
				government agencies pursuant to title 11 of article 5 of the Social Services
				Law for eligible addiction services certified by the Office.
(f) Section 364  of the Social Services Law provides that
				each office within the Department of Mental Hygiene shall be responsible for
				establishing and maintaining standards for medical care and services in
				institutions serving Medicaid patients.
(g) Pursuant to section 23 of Part C of
				chapter 58 of the laws of 2009, the Commissioner is authorized, with the
				approval of the Commissioner of Health and the Director of the Budget, to
				promulgate regulations pursuant to Article 32 of the Mental Hygiene Law
				utilizing the Ambulatory Patient Group (APG) methodology for the purpose of
				establishing standards and methods of payments made by government agencies
				pursuant to title 11 of article 5 of the Social Services Law for addiction
				services otherwise subject to the provisions of this Part.
(h) Article 15 of the executive law defines
				the protected classes included in the state human rights law.
(i) Title 10 of the New York Code of Rules
				and Regulations Part 86-8 defines reporting and rate certifications for
				outpatient services ambulatory patient group.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is applicable to any eligible provider as defined
				  herein and as certified, approved or otherwise authorized pursuant to this
				  Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) "Medicaid
				program" shall mean the medical assistance program, under Title XIX of the
				federal Social Security Act, in accordance with a state plan approved by the
				United States Department of Health and Human Services.
(b) "Eligible provider" shall operate an
				addiction services program and shall be approved by the single state agency to
				provide services and operate as a Medicaid provider; and is one of the
				following:
(1) a substance use disorder
				withdrawal and stabilization services program which is certified under Part 816
				of this Title; or
(2) a substance
				use disorder residential rehabilitation services for youth program certified
				under Part 817 of this Title; or
(3)
				a substance use disorder inpatient rehabilitation services program which is
				certified under Part 818 of this Title; or
(4) a residential services program certified
				under Part 820 of this Title by the Office; or
(5) a substance use disorder outpatient
				program certified under Part 822 of this Title; or
(6) a children and family treatment and
				support services program certified or designated under Part 823 of this
				Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.6 - Medical assistance payments for inpatient substance use disorder withdrawal and stabilization services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions of this section are
				applicable to programs certified as substance use disorder inpatient withdrawal
				and stabilization services pursuant to Part 816.
(b) Rates of Payment.
(1) Rates will be calculated using a
				cost-based fee methodology inclusive of operating costs and capital
				reimbursement. There shall be no capital add-on to these fees, nor any separate
				Medicaid reimbursement for capital costs.
(2) Fees will be established using a
				regression model based on the relationship between normalized cost and program
				capacity, recognizing both regional cost differentials and economies of scale.
				The calculated statewide fees based on program capacity, will then be adjusted
				using regional cost factors (based on the county in which the facility is
				located).
(3) Fees will be deemed
				to be inclusive of all service delivery costs and will be considered payment in
				full for fee-for-service Medicaid reimbursed services.
(4) Fee schedules used to determine rates
				will be posted on the Office website. Fee schedules used to determine rates
				include:
(i) Statewide OASAS Medically
				Supervised Inpatient Withdrawal (MSIW) fee chart based on bed size;
				and
(ii) Geographic region and
				regional cost factor chart.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.7 - Medical assistance payments and utilization review for substance use disorder residential rehabilitation services for youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions of this section are
				applicable to programs certified under Part 817.
(b) Rates of Payment.
(1) Rates will be calculated using a
				cost-based fee methodology inclusive of operating costs and capital
				reimbursement. There shall be no capital add-on to these fees, nor any separate
				Medicaid reimbursement for capital costs. There shall be no admission review
				team add-on.
(2) Fees will be
				established using a regression model based on the relationship between
				normalized cost and program capacity, recognizing both regional cost
				differentials and economies of scale. The calculated statewide fees based on
				program capacity, will then be adjusted using regional cost factors (based on
				the county in which the facility is located).
(3) Fees will be deemed to be inclusive of
				all service delivery costs and will be considered payment in full for
				fee-for-service Medicaid reimbursed services.
(4) Fee schedules used to determine rates
				will be posted on the Office website. Schedules used to determine fees include:
(i) Statewide OASAS Residential
				Rehabilitation Services for Youth (RRSY) fee chart based on bed size;
				and
(ii) Geographic region and
				regional cost factor chart.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.8 - Medical assistance payments for substance use disorder inpatient rehabilitation services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provisions of this section are applicable to programs certified under Part
				818.
(b) Rates of Payment.
(1) Rates will be calculated using a
				cost-based fee methodology inclusive of operating costs and capital
				reimbursement. There shall be no capital add-on to these fees, nor any separate
				Medicaid reimbursement for capital costs.
(2) Fees will be established using a
				regression model based on the relationship between normalized cost and program
				capacity, recognizing both regional cost differentials and economies of scale.
				The calculated statewide fees based on program capacity, will then be adjusted
				using regional cost factors (based on the county in which the facility is
				located). Geographic region and regional cost factor charts will be posted on
				the OASAS website.
(3) Fees will be
				deemed to be inclusive of all service delivery costs and will be considered
				payment in full for fee-for-service Medicaid reimbursed services.
(4) Fee schedules used to determine rates
				will be posted on the Office website. Schedules used to determine fees include:
(i) statewide OASAS Freestanding Inpatient
				Rehabilitation fee chart based on bed size; and
(ii) geographic region and regional cost
				factor chart.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.9 - Medical assistance payments for residential services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions of this section are
				applicable to programs certified to provide residential services under Part
				820.
(b) The program's services are
				provided in three elements: Stabilization, rehabilitation, and reintegration.
				Only elements that are approved for federal financial participation are
				eligible for Medicaid reimbursement. Each reimbursable element shall have
				regional fees established and posted on the website of the Office. The regions
				include Downstate and Upstate. The Downstate region shall consist of New York
				City, as well as the counties of Nassau, Suffolk, Westchester, Rockland,
				Orange, Putnam, and Dutchess. Upstate shall consist of all other counties in
				the state. Any annual or periodic fee adjustments shall be published on the
				Office's website. The initial fees shall be effective July 1, 2016.
(c) Allowable treatment costs shall be
				determined by the application of principles developed for determining
				reasonable cost payments for direct and indirect costs. Room and board related
				costs are not included in the rate.
(d) The fee development methodology shall
				consider each component of provider cost, as necessary to comply with
				requirements regarding economy, efficiency, and quality of care. Provider
				enrollment and retention will be reviewed periodically to ensure that access to
				care and adequacy of payments are maintained. The fee development methodology
				will primarily consist of provider cost modeling, though provider compensation
				studies, cost data, available funding, and comparable fees of other States
				residential Medicaid programs may be considered as well. The fees shall be
				established using the ratio of the calculated or estimated total annual
				allowable provider cost to the estimated annual billable per diem
				units.
(e) Periodic fee updates may
				be performed using provider cost modeling, reported actual cost, and/or any of
				the factors listed in the prior paragraph. Fee updates will require federal
				approval and will be posted to the Office website.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.10 - Medical assistance payments for substance use disorder outpatient programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applicability. The provisions of this section are applicable to programs
				certified or co-certified to provide ambulatory care services provided by the
				following:
(1) substance use disorder
				outpatient clinics certified or co-certified pursuant to Part 822 of this
				Title;
(2) opioid treatment
				programs providing opioid full agonist treatment medications and certified
				under Part 822 of this Title;
(3)
				substance use disorder outpatient rehabilitation programs certified or
				co-certified pursuant to Part 822 of this Title; and
(4) substance use disorder medically
				supervised outpatient withdrawal and stabilization services certified under
				Section
				816.8 
				of this Title; and
(5) integrated
				outpatient programs certified pursuant to Part 825.
Each program shall contain two peer groups, one upstate and
				  one downstate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.11 - Medical assistance payments for children and family treatment and support services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provisions of this section are applicable to rehabilitative health and
				behavioral health services provided by programs or providers certified or
				designated pursuant to Part 823 to provide Children and Family Treatment and
				Support Services (CFTSS).
(b)
				Billable Services: Billable services are those authorized and defined in the
				Children and Family Treatment Support Services Manual posted on the Department
				of Health website:
(1) Crisis Intervention
				(CI);
(2) Other Licensed
				Practitioners (OLP);
(3) Community
				Psychiatric Support and Treatment (CPST);
(4) Psychosocial Rehabilitation
				(PSR);
(5) Family Peer Support
				Services (FPSS); and
(6) Youth Peer
				Support and Training (YPST).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.13 - Utilization Review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				otherwise specified, programs shall provide that:
(1) An Office approved tool was utilized to
				identify the appropriate level of care for treatment delivered to the
				patient.
(2) A practitioner must
				certify for each Medicaid recipient that services of the type provided are or
				were needed in accordance with the controlling Part under this Title.
(3) The utilization review plan of an
				eligible provider shall ensure that each provider have policies and procedures
				to address:
(i) Patients continue to require
				services furnished in accordance with the applicable criteria of the
				controlling Part of this Title and review of treatment planning and progress
				notes;
(ii) Patients are receiving
				care consistent with psychosocial needs and diagnosis for which they are
				receiving treatment; and,
(iii)
				patients have been referred for additional services consistent with their
				health and physical.
(4)
				Providers shall have policies and procedures for a utilization management team
				charged with meeting at least twice annually. Such team shall review the
				results of audits, utilization management process and other quality assurance
				activities that are related to charting and to create a comprehensive
				corrective action plan as needed to ensure compliance with state and federal
				laws, regulations and guidance issued by the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 841 - Medical Assistance for Chemical Dependence Services › Section 841.14 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part which can be given effect without
				  the invalid provisions or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to any person who, on
				  or after the effective date of this Part, holds a current credential or
				  initiates an application for a new credential or designation, or to renew or
				  reinstate an existing or inactive credential or designation issued and overseen
				  by the Office pursuant to this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Active
				application period
means five (5) years from the date the Office
				performs an initial application review . A credential must be obtained during
				an active application period.
(b)
Addiction Services
means services delivered by a certified or
				authorized provider or program for the prevention, treatment or recovery from
				an addiction disorder limited to substance use disorder, as defined in Part 800
				of this Title, gambling disorder as defined in the most recent edition of the
				Diagnostic and Statistical Manual (DSM), or problem gambling which means
				gambling behavior meeting less than four (4) of the DSM criteria for gambling
				disorder.
(c)
Applicant
means a person who initiates an application for a
				new credential or designation, to renew an existing credential or re-activate
				an inactive credential, or to request permission to apply after a credential
				has been revoked or deactivated.
(d)
Approved work setting
means a program which meets one or more of the following conditions:
(1) is operated by the Office or holds a
				valid operating certificate issued by the Office; or
(2) is authorized by a licensing authority of
				another state or is a program providing addiction services consistent with
				OASAS' standards and is licensed or operated by another New York state agency
				or the federal government such as the Indian Health Service or the Veterans'
				Administration; or
(3) is a
				non-certified setting which provides addiction services such that it affords an
				applicant:
(i) the opportunity to establish
				proficiency in one or more of the professional competencies associated with a
				credential administered by the Office; and
(ii) on-site supervision by a Qualified
				Health Professional defined in Part 800 of this Title who meets the supervisory
				standards established by the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.4 - Credentials board

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Membership composition.
(1)
				The commissioner shall appoint no more than fifteen (15) members to serve on
				the credentials board to ensure a membership representative of the diverse
				field of substance use disorder and gambling disorder prevention, treatment and
				recovery.
(2) Membership shall be
				made up of an equal distribution of Credentials offered by the Office based on
				a percentage of the total number of Credentialed people during the time of
				appointment.
(3) No member shall be
				an employee of the Office.
(4) At
				least three (3) members must be consumers and/or Peers as defined in this
				Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.5 - Minimum qualifications for all credentials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
				must attest that:
(1) at the time of initial
				application, s/he is at least eighteen (18) years of age; and
(2) At the time of credentialing, s/he is a
				resident of New York state; or, has lived or worked in New York state at least
				51 percent of the time during the active application period.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.6 - Credentialing applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Forms.
Applications for all credentials and all credential
				status changes must be made on forms provided by the Office and must include
				the requisite fee as determined by the Office.
(b)
Signed by applicant.
Each application, including an affidavit stating that the applicant agrees to
				abide by the applicable Canon of Ethical Principles and Misconduct and the Code
				of Conduct for Custodians of People with Special Needs, must be initialed,
				signed and dated by the applicant.
(c)
Evaluations of competence and
				ethical conduct.
(1) Each initial
				CASAC application must include two evaluations of an applicant's work
				experience completed by persons as identified below with a minimum of six (6)
				months of direct knowledge of the applicant's supervised performance in the
				core functions as identified by the Office (evaluations from family members or
				subordinates of the applicant will not be accepted):
(i) the applicant's current clinical
				supervisor, which can be a CASAC-Advanced, CASAC Masters, or a NYSED-licensed
				QHP (in the absence of a current clinical supervisor, the evaluator may be the
				applicant's most recent clinical supervisor); or
(ii) if working in an OASAS certified or
				approved program, a current CASAC in good standing or person holding a
				comparable credential, certificate or license from another recognized
				certifying body as determined by the Office or
(iii) if not working in an OASAS certified or
				approved program, a QHP as defined by Part 800 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.7 - Additional qualifications to become a Credentialed Alcoholism and Substance Abuse Counselor (CASAC) or CASAC-Trainee

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Core
				competencies.
(1) A CASAC must have
				the knowledge, skills and attitudes in the competency areas identified by the
				Office. These competencies represent acquired knowledge, skills and attitudes
				demonstrated in supervised practical training in an approved work setting and
				can be found on the OASAS website and in the application.
(2) In a work setting a CASAC or CASAC-T may
				be limited in their scope of practice depending on the counselor's level of
				education and experience. Counselors may not knowingly work outside of their
				scope of practice as defined in standards issued by the Office and available on
				the agency website.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.8 - Additional qualifications to become a Credentialed Prevention Professional (CPP) or Credentialed Prevention Specialist (CPS)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Performance domains.
Both a Credentialed Prevention
				Professional (CPP) and a Credentialed Prevention Specialist (CPS) must
				demonstrate knowledge of, and ability to engage in, a range of professional
				activities as determined by the Office . These requirements, including more
				detail of required knowledge and skills, are found on the OASAS website and in
				the credentialing application.
(b)
Education and training.
Minimum hourly subject matter
				requirements may be established and approved by the Office.
(c)
Work experience.
At
				least 1,000 hours of the documented hours of work experience required for each
				credential as indicated in this section must have been gained during the five
				(5) years prior to the applicant's submission to the Office of the required
				hours of documented work experience.
(d)
Credentialed Prevention
				Specialist (CPS).
(1) Work
				experience. An applicant must have completed a minimum of 2,000 hours of
				supervised experience in an approved work setting as a direct service
				prevention staff member or supervisor of prevention services.
(2) Education and Training. An applicant must
				have completed 120 hours of education and training as determined by the
				Office.
(3) Option to acquire
				Credentialed Prevention Professional (CPP) credential. Persons with a
				bachelor's degree holding a valid CPS credential may acquire a CPP credential
				for a full three-year period upon submission of a required application fee,
				provided the requirements of subdivision (e) of this section are completed
				within the person's first credential renewal period (application fee is greater
				if the requirements in subdivision (e) are completed at any time after the
				first credential renewal period).
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.9 - Additional qualifications to receive a Gambling designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Gambling designations.
A CASAC, a CPP or CPS may acquire an
				additional Gambling specialty designation (CASAC-G, CPP-G or CPS-G) by meeting
				additional requirements as determined by the Office.
(b)
Current Credentialed Problem
				Gambling Counselor (CPGC).
(1)
				Individuals whose CPGC is valid at the time of the adoption of this Part, may,
				upon expiration of their credential:
(i)
				renew the credential pursuant to section
				853.11(b)  of this
				Part; or
(ii) problem gambling
				professionals as a Qualified Problem Gambling Professional as defined in Part
				857 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.10 - Issuance and registration of credentials

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Issuance of credential.
Each credential shall include, in the
				manner deemed appropriate by the Office, the effective date (date of issue) and
				expiration date of the credential.
(b)
Expiration of
				credential.
Each credential, and any renewal thereafter shall be valid
				for a period of three (3) years and shall expire on the last day of the three
				(3) year period, unless suspended, revoked or annulled by the Office prior to
				the expiration date.
(c)
Registry.
The Office shall maintain a current registry of all
				persons issued a credential pursuant to this Part. Names, status, certification
				or credential number, any suspension or revocation, and city and state of
				residence may be made public by the Office for applicants and those with a
				certification or credential issued by the Office.
(d)
Criminal History Information
				Review.
Every credentialed professional must provide updated
				fingerprints on a schedule as required by state or federal law or
				regulation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.11 - Credential renewal; reinstatement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applications.
(1) The
				completed application for renewal, including all supporting documentation and
				fees or any request for inactive status, must be received by the Office at
				least seventy-five (75) days prior to the credential expiration date.
(2) An application for renewal shall be
				reviewed and evaluated by the Office within sixty (60) days of receipt and a
				determination made whether the applicant has satisfied the requirements for
				renewal. All information in the application is subject to verification and
				approval by the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.12 - Reciprocity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
Reciprocity applies only to the CASAC, CPP, and
				the CPS credentials. The Office, without requiring an examination, shall issue
				a credential to any applicant determined to be eligible for reciprocity based
				on the following:
(1) applicant holds a
				current, valid credential or license eligible for reciprocity per the
				specifications of the Office;
(2)
				the Office receives written verification from the certifying body that the
				applicant is duly certified, credentialed or licensed, in good standing, and
				entitled to reciprocity in New York State;
(3) the Office receives documentation from
				the certifying body of any disciplinary actions taken against the applicant's
				certificate, credential or license establishing that any such disciplinary
				action has been resolved on terms acceptable to the Office; and
(4) the applicant complies with the
				provisions of Part 805 of this Title.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.14 - Complaints and investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Nature
				of complaints reviewed.
(1) A
				complaint may be made by the Office or by any person to the Office concerning
				misconduct as defined in this Part.
(2) Complaints must be submitted on forms
				provided by the Office.
(3) Upon
				receipt of a complaint, the Office shall make an initial determination whether
				the complaint is sufficient to warrant further investigation pursuant to
				subdivision (b) of this section; complaints deemed insufficient for further
				investigation may be dismissed at the discretion of the Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.16 - Summary action and other remedial actions

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may take the following actions when deemed
				  appropriate:
(a)
Summary
				action.
(1) Suspension. Whenever the
				commissioner has reasonable grounds to believe that a credentialed professional
				has acted, or is acting, in a manner that threatens the health, welfare or
				safety of the public or of any individual receiving services, the commissioner
				may immediately suspend a credential for a period of 180 days or until a final
				agency determination in any pending or related disciplinary, Justice Center or
				criminal proceeding, whichever period is longest.
(i) Such suspension shall be effective upon
				receipt of notice pursuant to section
				853.17  of this Part by the
				credentialed professional.
(ii) All
				additional terms of a suspended credential pursuant to section
				853.15  of this Part are applicable
				to a summary suspension.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.17 - Notifications; right to a hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Notification and right to a hearing.
Notification of a
				determination after investigation, determination of penalties, summary action
				or other remedial actions shall be sent to the credentialed professional or
				applicant by certified mail, return receipt requested, and e-mail to the most
				recent mailing address and e-mail address on file with the Office. Such notice
				shall state the reasons for the determination and action and advise the
				credentialed person that, if applicable, he or she has thirty (30) days from
				the date of mailing of the notice to make a written request to the Office for a
				hearing. Hearing requests must be made in writing. Notices sent to the
				applicant or credentialed professional's most recent address and e-mail address
				on file with the Office are deemed received; any change of address that was not
				communicated in writing to the Office shall not constitute an excuse for
				failure to make a timely hearing request.
(b)
Right to a hearing.
Whenever a determination has been made to revoke or suspend a credential,
				impose a fine, or deny renewal or reinstatement the credentialed professional
				may choose to request a hearing pursuant to Part 831 of this Title.
(c)
Notice of decision after a
				hearing and final agency determination
. Notice of decision and final
				agency determination shall be sent by the commissioner to the credentialed
				professional within thirty (30) days of such determination by certified mail,
				return receipt requested and and email to the most recent mailing address and
				e-mail address on file with the Office. Such notice shall be deemed received
				three (3) days after mailing.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.18 - Application following revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Permission to apply following revocation
.
(1) A credentialed professional whose
				credential has been revoked may not apply for a credential without first
				submitting a written request for permission to apply as a credentialed
				professional.
(2) Such request may
				not be submitted until five (5) years or more after the effective date of the
				revocation. Such request must include a statement detailing the reasons why
				permission to apply should be granted and must include the current contact
				information of the person requesting permission to apply.
(3) The commissioner shall review the request
				and the submitted basis therefore, and shall grant or deny permission to apply
				based on the following:
(i) the presence or
				absence of demonstrated evidence that clearly shows the misconduct that formed
				the basis of the revocation has been thoroughly addressed;
(ii) the seriousness and nature of the
				misconduct which formed the basis of the revocation, particularly as related to
				service recipient safety and welfare;
(iii) if requested by the commissioner, an
				assessment of the applicant by a QHP approved by the Office or, when
				appropriate, a qualified problem gambling professional approved by the Office;
				and
(iv) the risk that service
				recipient safety and quality of care could be jeopardized in any way by
				granting the requestor permission to apply for renewal or reactivation of a
				credential.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 853 - CREDENTIALING OF ADDICTIONS PROFESSIONALS › Section 853.20 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  any other provision or applications of this Part which can be given effect
				  without the invalid provision or applications, and to this end the provisions
				  of the Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 856 - Tobacco Use in Adult Services › Section 856.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To reduce
				addiction, illness and death caused by tobacco products.
(b) To provide a healthy and supportive
				environment for staff, patients, volunteers and visitors to entities organized
				and operating pursuant to the provisions of this Title and certified and/or
				funded by the Office of Addiction Services and Supports ("the Office") as a
				provider of prevention, treatment or recovery services for substance use
				disorders and problem gambling.
(c) To establish tobacco-limited services for
				patients in a tobacco limited environment and tobacco-free services in a
				tobacco-free environment.
(d) To
				establish evidence-based practices for the identification and treatment of
				tobacco use disorder during program admission.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 856 - Tobacco Use in Adult Services › Section 856.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (e)  of the Mental
				Hygiene Law authorizes the Commissioner of the Office of Addiction Services and
				Supports ("the Commissioner") to adopt standards including necessary rules and
				regulations pertaining to substance use disorder services.
(b) Section 19.09 (b)  of the Mental
				Hygiene Law authorizes the Commissioner to adopt regulations necessary and
				proper to implement any matter under their jurisdiction.
(c) Section 19.21 (b)  of the Mental
				Hygiene Law requires the Commissioner to establish and enforce certification,
				inspection, licensing and treatment standards for substance use disorder
				treatment facilities.
(d) Section 19.21 (d)  of the Mental
				Hygiene Law requires the Commissioner to promulgate regulations which establish
				criteria to assess substance use disorder treatment effectiveness and to
				establish a procedure for reviewing and evaluating the performance of providers
				of services in a consistent and objective manner.
(e) Section 32.01  of the Mental Hygiene Law authorizes
				the Commissioner to adopt any regulation reasonably necessary to implement and
				effectively exercise the powers and perform the duties conferred by Article 32
				of the Mental Hygiene Law.
(f)
				Section 32.07 (a)  of the Mental
				Hygiene Law authorizes the Commissioner to adopt regulations to effectuate the
				provisions and purposes of Article 32 of the Mental Hygiene Law.
(g) Section 1399-O  of the Public Health Law regulates
				smoking and vaping in certain public areas.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 856 - Tobacco Use in Adult Services › Section 856.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				tobacco-limited services provisions of this Part apply to any program organized
				and operating pursuant to the provisions of this Title and certified, funded,
				or otherwise authorized by the Office as a provider of prevention, treatment,
				or recovery addiction services for adults. The tobacco-limited services
				provisions of this part shall not apply to prevention, treatment, or recovery
				services for children, youth, and/or young adults, which must remain
				tobacco-free..
(b) Nothing in this
				Part shall be construed to limit the authority of a program organized and
				operating pursuant to the provisions of this Title and certified, funded, or
				otherwise authorized by the Office as a provider of prevention, treatment, or
				recovery substance use disorder services for adults to remain or to choose to
				be a tobacco-free program or service.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 856 - Tobacco Use in Adult Services › Section 856.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Tobacco-limited
				means prohibiting the use of all tobacco products and nicotine delivery systems
				in facilities and in vehicles owned or operated by the program subject to this
				Part, while allowing for limited use of certain tobacco products by patients in
				designated areas on facility grounds at designated times, in accordance with
				guidance issued by the Office..
(b)
				Tobacco free means prohibiting the use of all tobacco products in facilities
				and in vehicles owned or operated by the program, consistent with this Part, as
				well as on facility grounds.
(c)
				Facility means certain parts of the program that are utilized by patients,
				staff, volunteers, or visitors. This shall include the programs' buildings
				which are under the direct control of the facility and vehicles that are owned
				and operated by the program.
(d)
				Facility grounds means any part of the program that is outdoors, is utilized by
				patients, staff, volunteers, or visitors and is under direct control of the
				program.
(e) Tobacco products
				include but are not limited to cigarettes, cigars, pipe tobacco, roll-your-own
				tobacco, and smokeless tobacco.
(f)
				Nicotine delivery systems means any electronic or modified mechanical devices
				that deliver aerosolized nicotine, flavorings, and/or other chemicals by
				inhalation of a non-combustible liquid or gel, and any refills, cartridges,
				and/or any other component of such devices.
(g) Patient means any recipient of services
				in a facility certified, funded, or otherwise authorized by the
				Office.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 856 - Tobacco Use in Adult Services › Section 856.6 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is held invalid, such invalidity shall not affect
				  other provisions or applications of this Part which can be given effect without
				  the invalid provision or applications, and to this end the provisions of this
				  Part are declared to be severable.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Regulation
				of compulsive gambling (also known as "gambling disorder" or "problem gambling"
				as such terms are defined herein) was transferred by statute in 2005 from the
				Office of Mental Health (OMH) to OASAS.
(b) OASAS is directed to define treatment,
				develop access to prevention, treatment and recovery services, develop minimum
				standards for treatment, establish core competencies for treatment
				professionals and service providers, and educate providers of other addictive
				disorder treatment and mental health services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.2 - Legal authority

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 19.07 (a)  of the Mental
				Hygiene Law charges the Office of Alcoholism and Substance Abuse Services
				(OASAS or "Office") with assuring the development of comprehensive plans,
				programs and services for research, prevention, care, treatment,
				rehabilitation, education and training related to substance use disorder and
				compulsive gambling.
(b) Section 19.09 (b)  of the Mental
				Hygiene Law allows the commissioner to adopt regulations necessary and proper
				to implement any matter under the commissioner's jurisdiction.
(c) Section 19.20  of the Mental Hygiene Law authorizes
				the Office to receive and review criminal history information from the Justice
				Center related to employees or volunteers of treatment facilities certified,
				licensed or operated by the Office.
(d) Section 19.20-a  of the Mental Hygiene Law
				authorizes the Office to receive and review criminal history information from
				the Justice Center related to persons seeking to be credentialed by the Office
				or applicants for an operating certificate issued by the Office.
(e) Section 32.01  of the Mental Hygiene Law states the
				commissioner may adopt any regulation reasonably necessary to implement and
				effectively exercise the powers and perform the duties conferred by Article 32
				of the Mental Hygiene Law.
(f)
				Section 32.02  of the Mental Hygiene Law states the
				commissioner may adopt regulations necessary to ensure quality services to
				those suffering from compulsive gambling.
(g) Section 32.07  of the Mental Hygiene Law states the
				commissioner may adopt regulations to effectuate the provisions and purposes of
				article 32 of the Mental Hygiene Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES › Part 857 - Problem Gambling Treatment And Recovery Services › Section 857.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				of this Part apply to providers certified and/or, funded or otherwise
				authorized by the Office that:
(1) provide
				gambling treatment as a secondary diagnosis to a substance use disorder;
				or
(2) have received a waiver to
				provide gambling-only treatment services prior to the effective date of this
				regulation; or
(3) have received a
				"designation" pursuant to the provisions of this Part to provide gambling only
				treatment services.