OMH COVID Flexibilities & end of PHE

January 31, 2023

OMH COVID Flexibilities

The next renewal of the OMH Commissioner’s Emergency Regulatory Waiver is due out tomorrow, Feb. 1.  

According to OMH, there are no further changes to telehealth beyond what’s included in Part 596 which is now permanent.  

For outpatient clinics, the duration reductions were made permanent in the new Part 596 reductions with one exception for school based groups which are probably still excepted under the Commissioner’s waiver.

Per my discussion with OMH today, the Office is ‘preparing guidance documents they will release in advance of the end of the PHE outlining what will be expiring, what has been made permanent, etc.

I’ll keep pressing.

10/04/2022 – Updated and revised Commissioner’s Waiver- October 2022 


From: PublicInformation@omh.ny.gov
Sent: Tuesday, October 4, 2022 2:14 PM
Subject: Updated and revised Commissioner’s Waiver- October 2022 

The Commissioner of the Office of Mental Health (OMH) has extended the previously issued Commissioner’s Waiver, effective October 4, 2022, for an additional 120 days through February 1, 2023

The Commissioner’s waiver can be viewed here.

Please note, OMH has adopted the new 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.