October 26, 2022
Below are several recently published Notices and Regulations published in today’s NY State Register. One of those items, a brief reference to an OMH Emergency Rule regarding masking, caught our eye for obvious reasons. Specifically it was a Notice of Expiration of the 10/6/2021 OMH Emergency Rule, effective 10/6/2022. Both the 10/06/21 Emergency Rule, and today’s 10/6/22 NYS Register Notice of Expiration, are attached. Stand by for more concrete information from OMH. We advise that you not change your current practices until we confirm with OMH that this Notice ends the masking requirements for OMH Programs discussed in the 10/6/21 Emergency Rule.
Please note a total of 4 documents attached:
1) Attached, please find an Emergency/Proposed Rule Making issued today by the State Commission of Correction related to Medication Assisted Treatment.
2) Also, attached is an Emergency Rule Making issued today by the State Education Department continuing the rule related to the Mental Health Practitioner Diagnosis Privilege. The Proposed Rule will be presented to the Board of Regents for Adoption as a permanent rule at the November 14-15, 2022 meeting.
3) The third attachment is a Notice of Expiration issued today by OMH related to the COVID-19 Masking Program.
4) The last attachment is an Emergency Rule Making issued today by the Workers’ Compensation Board related to Allowing Telemedicine in Some Circumstances, superseding a previous Emergency Adoption. This regulation permits physicians, nurse practitioners, physician assistants, psychologists, licensed clinical social workers, chiropractors, physical therapists and occupational therapists to treat using telehealth due to COVID-19, including new variants under workers’ compensation. The rule states that the Board has seen these emergency measures work efficiently and effectively to provide care for injured workers and plans to adopt a permanent regulation addressing when telehealth may be used to benefit injured workers and wants to keep the current telemedicine rules in effect during the regulatory process for the permanent telehealth proposal.
Please let us know if you have any questions.