OMH Extends Regulatory Waiver

On August 23rd, the New York State Office of Mental Health (OMH) released a regulatory waiver (available here) that extends for an additional 60 days the temporary flexibilities currently in place due to the ongoing effects of the COVID-19 pandemic. The waiver provides temporary relief from various requirements of Title 14 of the New York Codes, Rules, and Regulations (NYCRR), which was initially granted for a 60-day period on June 25, 2021 following the end of New York State’s COVID-19 disaster emergency declaration. 

The waived provisions that will continue include:

  • Regulations around the provision of telemental health services, including temporary approvals, expanded practitioner types, and audio-only services.
  • Requirements continuing the reduction of minimum service durations and allowing rounding up of service times.
  • Requirements to waive timeframes around treatment planning reviews and to waive initial in-person assessments.

The extension is effective as of August 24th and will remain in effect for another 60-day period (through October 23rd), unless otherwise modified or suspended by the OMH Commissioner, or if federal matching funds become unavailable during that period.