OMH and OASAS Commissioner’s Regulatory Waivers

February 7, 2022

OMH Commissioner’s regulatory waiver, effective February 5, 2022

Please note, OMH has issued emergency Part 596 Telehealth Regulations. These regulations adopt many of the flexibilities put in place under the New York State Executive Order and OMH Commissioner’s Waiver.  The full text of the regulation can be found here: https://omh.ny.gov/omhweb/policy_and_regulations/.

All licensed and designated providers are now eligible to apply and should do so as soon as possible if they wish to use telehealth beyond the federal public health emergency.

Guidance regarding how to apply can be found here: https://omh.ny.gov/omhweb/guidance/omh-guidance-to-permanently-add-telemental-health-optional.pdf.

At this time providers should continue to follow the emergency telehealth guidance which will remain in place until the end of the federal public health emergency.

OASAS Commissioner’s regulatory waiver, effective December 21, 2021

The OASAS Waiver (attached) was issued on December 20, 2021.  It states that it is in effect for 120 days from the date of issuance.  That should bring us to late March 2022, unless I am mistaken.  I am confirming w/ OASAS Counsel now that nothing has changed.