Commissioner’s Emergency Waivers

Since February 5, the Commissioners at OMH and OASAS have been periodically issuing Emergency Waivers that carry forward most of the regulatory flexibilities that New York was approved to implement at the beginning of the pandemic. The Waivers are next scheduled to expire June 5.  OMH Counsel’s Office is preparing the notice of continuation of the Commissioner’s Emergency Waiver.  I didn’t ask for specifics as to the next end date, but I will keep you posted.  Very safe to assume same is happening at OASAS.  Remember: The continuation of the federal Public Health Emergency (PHE) drives many of the flexibilities.

As a reminder, the next expiration date for the federal PHE is (technically) July 15.  Given that the Biden administration has promised 60 days notice of its’ intent to cancel the PHE, and it has given no advanced notice, we have every reason to believe the July 15 date will indeed be pushed out again, until October 15.  (PHE continuations are issued in 90 day blocks.)