June 28, 2024

I’m writing to close the loop on a couple of outstanding issues:

1) On May 1, 2024, OMH posted a Proposed Rule in the NYS Register notifying the public of its intent to amend OMH regulations to reflect that the Office intends to amend  its regs pertaining to the amount of primary care services an OMH Outpatient Clinic can provide without having an Article 28 license (changing from 5% to 30%).  (The NYS Council will be submitting our comments in support of this Rule on July 1, 2024 which is the last day to submit comments.)
Many agencies have asked us why OASAS has not put out a similar Proposed Rule to reflect its decision to allow OASAS clinics to provide up to 30% primary care services without having to obtain an Article 28 license.  I received an answer today.  Apparently OASAS regs do not include discussion of a cap on the amount of primary care these programs can provide without a Article 28 license, so no Proposed Rule is necessary to signal an amendment to the public.  On the other hand, since OMH regs DO include this language OMH had to do a Proposed Rule to give notice to the public of its intent to amend the regs.

2) We are hearing (not a fact – just a persistent rumor) that DoH awards identifying 1115 Waiver Social Care Networks are coming shortly.