January 20, 2023

Thank you to Amanda Honen at NYS Council member agency Evergreen Services in Buffalo for pointing out that the recently circulated OASAS APG Manual (attached) has a bit of information relevant to the COVID-19 telehealth flexibilities, on page 6.  Again, we have requested a chart or some other tool that tracks the various flexibilities granted throughout COVID, and their current status, from OASAS.  

APG Manual:

1. Permanent Changes: Elements of the COVID Telehealth flexibilities have now been made permanent. Peers and other unlicensed staff are included in Art 29G and DOH regulations to provide services. Telephone only is now permissible for Telehealth services.
2. Facility Charge: OASAS Certified Outpatient providers can seek reimbursement when a person utilizes their facility to receive Telehealth services from a different provider at another location. Within the APG Methodology providers can utilize procedure code Q3014 for $25.76 reimbursement. 

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Many NYS Council members have inquired regarding whether OASAS intended to extend the Commissioner’s Emergency Waiver that extended certain COVID-19 flexibilities in the absence of a state Emergency Public Health Declaration that was discontinued by Governor Cuomo in June 2021.  According to our calendar, OASAS was due to act to either extend or discontinue the Commissioner’s Emergency waivers on 1/18/23.  As such, I began requesting clarification from OASAS as to the status of the Waiver on Tuesday. 
Yesterday, we received the information (below).  I’ll be honest and say that I am a bit confused by this transmittal.  It would have been helpful if, included in the content (below), there was a list of the various flexibilities that OASAS providers have been granted either through the (federal) Public Health Emergency, or new/amended OASAS regulations.  So, I have requested this information from OASAS.  In the end, I believe that this transmittal is saying any telehealth flexibilities that were not continued in permanent OASAS regulations are extended by virtue of the continuing PHE.  I am checking with OASAS re: my interpretation.

Again, HHS recently extended the federal Public Health Emergency (PHE) through April 11, AND the federal government has agreed to give 60 days notice of its’ intention to end the PHE.  That means that the Biden Administration would need to signal its’ intention to discontinue the PHE (on April 11)  on/about February 11.

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Dear Providers:

OASAS has been extending regulatory flexibilities since June 2021, and at this time OASAS COVID-related flexibilities have ended. This brief guidance will address the flexibilities that have ended, those that are reliant upon the Federal Public Health Emergency (which now ends on April 11^th, 2023), and the few continuing COVID-related flexibilities for OASAS programs.

OASAS permanently adopted most COVID-related telehealth flexibilities in February 2022-those remaining flexibilities not addressed by the regulation continue to be extended through the end of the Federal Public Health Emergency. The Federal Government has agreed to provide states with a 60 day notice if the Public Health Emergency is not going to be extended again-in the event that we receive this notice it will be communicated immediately to providers.

Any Additional questions may be directed to PICM@oasas.ny.gov or Legal@oasas.ny.gov