Executive Order 202.98 – Telehealth and Background checks

March 23, 2021

There have been unsubstantiated rumors that the Executive Order that grants BH providers flexibilities to provide telehealth services in the manner in which we have been offering them during the COVID pandemic is ending as of 4/1. This is NOT the case. Earlier this month we reported to all members that the Governor had extended the EOs relating to our telehealth and background check flexibilities to 4/20/21.  

Note: If the Governor wants to further extend the EO on these specific matters beyond 4/20/21 he will need to give the Legislature 5 days notice of his intent to do so.

For more information regarding COVID 19 Directives, here’s a link to a spreadsheet maintained by the Governor’s Office that contains information on the specifics of COVID 19 related Executive Orders.
Link: https://governor.ny.gov/covid-19Directives

See below from OASAS amplifying the above information.  

If your organization has not yet sought approval to offer telehealth services on a permanent basis, we strongly recommend you do so at your earliest convenience.  If you need assistance with this task, please let us know how we can help.

From: OASAS.sm.Communications <OASAS.sm.Communications@oasas.ny.gov>
Sent: Tuesday, March 23, 2021 1:52 PM
Subject: Executive Order 202.98- Extension of Provisions related to Telehealth and Background Checks

Dear Providers,

On March 21st, 2021, Governor Cuomo issued Executive Order 202.98, which extends telehealth regulatory flexibility for OASAS certified or authorized programs with a telepractice designation until April 20th, 2021. This Executive Order allows for the continuation of telephonic only service delivery as well as the ability for Certified Recovery Peer Advocates to deliver services by telepractice and by telephone, for certified or authorized programs.

OASAS certified or authorized treatment programs operating with the emergency OASAS telepractice approval have until April 20, 2021 to submit a permanent telepractice application. Providers are encouraged to submit applications now, if this has not already been done. Please note that one application per provider is required, with all relevant PRUs (program reporting units) included.

Executive Order 202.98 also extends modifications to the background check process for OASAS programs until April 20th, 2021.

Additional COVID related guidance can be found on the OASAS website.

Thank you,

Communications Department
NYS Office of Addiction Services and Supports (OASAS)