14 NYCRR Parts 580, 582, and 587
Express Terms
1.
Part 580 of Title 14 NYCRR Is amended to read as follows:
Part 580
OPERATION OF PSYCHIATRIC INPATIENT UNITS OF GENERAL HOSPITALS
Sec.
(Statutory Authority: Mental Hygiene Law, §§ 7.09, 9.39, 7.21, 29.15, 29.29, 31.02, 31.04,
45.19; Social Services Law §365-m)
580.1
580.2
580.3
580.4
Background and intent.
Legal base.
Definitions.
Certification.
580.5
580.6
580.7
580.8
580.9
580.10
580.11
Organization and administration.
Program.
Staffing.
Premises.
Records and statistics.
Community relations.
Behavioral health organizations.
2.
A new subdivision (d) of Section 580.2 of Title 14 NYCRR is added to read as follows:
(d) Section 365-m of the Social Services Law authorizes the Commissioner of the Office of
Mental Health and the Commissioner of the Office of Alcoholism and Substance Abuse Services, in consultation with the Department of Health, to contract with regional behavioral health organizations to provide administrative and management services for the provision of behavioral health services.
3.
New subdivisions (b) and (e) are added to Section 580.3 of Title 14 NYCRR to read as follows. The remaining subdivisions are re-lettered accordingly.
(b) Behavioral Health Organization or BHO shall mean an entity selected by the Commissioner of the Office of Mental Health and the Commissioner of the Office of Alcoholism and Substance
Abuse Services pursuant to Section 365-m of the New York State Social Services Law to provide administrative and management services for the purposes of conducting concurrent review of
Behavioral Health admissions to inpatient treatment settings, assisting in the coordination of
Behavioral Health Services, and facilitating the integration of such services with physical health care.

(e) Concurrent Review shall mean the review of the clinical necessity for continued inpatient
Behavioral Health Services, resulting in a non-binding recommendation regarding the need for such continued inpatient services.
4.
A new Section 580.11 is added to Title 14 NYCRR Part 580 to read as follows:
580.11 Behavioral health organizations.
The facility shall cooperate with designated regional behavioral health organizations. Such cooperation shall include, but not be limited to:
(a) notifying the appropriate behavioral health organization of an admission for a behavioral health condition for which coverage is provided by Medicaid on a fee-for-service basis to an individual who is not also enrolled in the Medicare program. Such notification shall be provided within 24 hours of such admission or, for an admission occurring on a Friday, Saturday, Sunday or public holiday, by 5:00 p.m. on the next business day following such admission. When
Medicaid coverage cannot be determined at the time of admission, notification shall be provided as soon as practicably possible after confirmation of Medicaid eligibility, but in no event more than 24 hours after such confirmation or, for a confirmation made on a Friday,
Saturday, Sunday or public holiday, later than 5:00 p.m. of the next business day following such confirmation ;
(b) cooperating with concurrent review activities;
(c) ensuring that the discharge plan for such an individual includes consideration of physical health needs and services;
(d) notifying such behavioral health organization within 24 hours of the discharge of such an individual or, for a discharge occurring on a Friday, Saturday, Sunday or public holiday, by 5:00 p.m. on the next business day following such discharge;
(e) receiving and providing physical and mental health information, pursuant to Section 33.13
(d) of the Mental Hygiene Law; and
(f) seeking to obtain, as needed, such individual’s consent to receive and provide information regarding such individual’s substance use problems.
5.
Part 582 of Title 14 NYCRR is amended to read as follows:
Part 582
OPERATION OF HOSPITALS FOR PERSONS WITH MENTAL ILLNESS
(Statutory Authority: Mental Hygiene Law, §§ 7.09, 7.21, 29.15, 29.29, 31.04(a), 31.35, 45.19;
Social Services Law §365-m)
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Sec.
582.1
582.2
582.3
582.4
582.5
582.6
582.7
Background and intent.
Legal base.
Definitions. [For purposes of this Part.]
Certification.
Organization and administration.
Program.
Staffing.
582.8
582.9
582.10
582.11
Premises.
Records and statistics.
Community relations.
Behavioral health organizations.
6.
A new subdivision (e) of Section 582.2 of Title 14 NYCRR is added to read as follows:
(e) Section 365-m of the Social Services Law authorizes the Commissioner of the Office of
Mental Health and the Commissioner of the Office of Alcoholism and Substance Abuse Services, in consultation with the Department of Health, to contract with regional behavioral health organizations to provide administrative and management services for the provision of behavioral health services.
7.
New subdivisions (b) and (e) are added to Section 582.3 of Title 14 NYCRR to read as follows. The remaining subdivisions are re-lettered accordingly.
(b) Behavioral Health Organization or BHO shall mean an entity selected by the Commissioner of the Office of Mental Health and the Commissioner of the Office of Alcoholism and Substance
Abuse Services pursuant to Section 365-m of the New York State Social Services Law to provide administrative and management services for the purposes of conducting concurrent review of
Behavioral Health admissions to inpatient treatment settings, assisting in the coordination of
Behavioral Health Services, and facilitating the integration of such services with physical health care.
(e) Concurrent Review shall mean the review of the clinical necessity for continued inpatient
Behavioral Health Services, resulting in a non-binding recommendation regarding the need for such continued inpatient services.
8.
A new Section 582.11 is added to Title 14 NYCRR Part 582 to read as follows:
582.11 Behavioral health organizations.
The facility shall cooperate with designated regional behavioral health organizations. Such cooperation shall include, but not be limited to:
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(a) notifying the appropriate behavioral health organization of an admission for a behavioral health condition for which coverage is provided by Medicaid on a fee-for-service basis to an individual who is not also enrolled in the Medicare program. Such notification shall be provided within 24 hours of such admission or, for an admission occurring on a Friday, Saturday, Sunday, or public holiday, by 5:00 p.m. on the next business day following such admission. When
Medicaid coverage cannot be determined at the time of admission, notification shall be provided as soon as practicably possible after confirmation of Medicaid eligibility, but in no event more than 24 hours after such confirmation or, for a confirmation made on a Friday,
Saturday, Sunday or public holiday, later than 5 p.m. of the next business day following such confirmation;
(b) cooperating with concurrent review activities;
(c) ensuring that the discharge plan for such an individual includes consideration of physical health needs and services;
(d) notifying such behavioral health organization no later than 24 hours subsequent to the discharge of such an individual or by 5:00 p.m. the next business day following Friday, Saturday,
Sunday and public holiday discharges;
(e) receiving and providing physical and mental health information, pursuant to Section 33.13
(d) of the Mental Hygiene Law; and
(f) seeking to obtain, as needed, such individual’s consent to receive and provide information regarding such individual’s substance use problems.
9.
Part 587 of Title 14 NYCRR is amended to read as follows:
PART 587
OPERATION OF OUTPATIENT PROGRAMS
(Statutory Authority: Mental Hygiene Law, §§ 7.07, 7.09, 7.15, 7.31, 31.02, 31.04, 31.92, 31.94,
43.02; Social Services Law §§ 364(3), 364-a(1), 365-m)
Sec.
587.1
587.2
587.3
Background and intent.
Legal base.
Applicability.
Definitions. 587.4
587.5
587.6
587.7
Certification.
Organization and administration.
Rights of recipients.
Clinic treatment programs for adults. 587.8
587.9
587.10
Clinic treatment programs serving children.
Continuing day treatment programs.
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587.11
587.12
587.13
587.14
587.15
587.16
Day treatment programs servicing children.
Partial hospitalization programs.
Intensive psychiatric rehabilitation treatment programs.
Behavioral health organizations.
Staffing.
587.17
587.18
587.19
587.20
587.21
587.22
587.23
Treatment planning for clinic treatment programs, continuing day treatment programs, day treatment programs serving children and partial hospitalization programs.
Psychiatric rehabilitation service planning for an intensive psychiatric rehabilitation treatment program.
Case records.
Premises.
Waivers.
Transition from Part 585 to 587.
Enforcement standards and procedures.
Exemptions.
10.
A new subdivision (j) of Section 587.2 of Title 14 NYCRR is added to read as follows:
(j) Section 365-m of the Social Services Law authorizes the Commissioner of the Office of
Mental Health and the Commissioner of the Office of Alcoholism and Substance Abuse Services, in consultation with the Department of Health, to contract with regional behavioral health organizations to provide administrative and management services for the provision of behavioral health services.
11.
Subdivision (b) of Section 587.4 of Title 14 NYCRR is amended to read as follows:
(b) Program definitions.
(1) Behavioral Health Organization or BHO means an entity selected by the
Commissioner of the Office of Mental Health and the Commissioner of the Office of Alcoholism and Substance Abuse Services pursuant to Section 365-m of the
New York State Social Services Law to provide administrative and management services for the purposes of conducting concurrent review of Behavioral Health admissions to inpatient treatment settings, assisting in the coordination of
Behavioral Health Services, and facilitating the integration of such services with physical health care.
(2) Child and family clinic plus provider means a licensed clinic that has been approved by the Office of Mental Health to provide child and family clinic plus services.
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(3) Concurrent Review means the review of the clinical necessity for continued inpatient Behavioral Health Services, resulting in a non-binding recommendation regarding the need for such continued inpatient services.
[(2)](4)Off-site locations for purposes of providing outpatient services and
reimbursement[,] means any sites in the community where a recipient may require services.
[(3)](5)Program capacity [shall mean]means the number of recipients who can be on-site at a given time.
[(4)](6)Program space means discrete space dedicated to the purpose of the outpatient program and includes all space used by recipients enrolled in the program.
[(5)](7)Provider of service means the entity which is responsible for the operation of a program. Such entity may be an individual, partnership, association or corporation. For purposes of this Part, unless otherwise noted, the term also applies to a psychiatric center or institute operated by the Office of Mental
Health.
[(6)](8)Satellite location of a primary program means a physically separate adjunct site to a certified clinic treatment program, continuing day treatment program, day treatment program serving children or intensive psychiatric rehabilitation treatment program which provides either a full or partial array of outpatient services on a regularly and routinely scheduled basis (full or part time).
12.
A new Section 587.14 is added to Title 14 NYCRR Part 587 to read as follows:
587.14 Behavioral health organizations.
Providers shall cooperate with the designated regional behavioral health organizations and shall be authorized pursuant to Section 33.13(d) of the Mental Hygiene Law to exchange clinical information concerning clients with such organizations. Information so exchanged shall be limited to the minimum necessary in light of the reason for the disclosure. Such information shall be kept confidential and any limitations on the release of such information imposed on the party giving such information shall apply to the party receiving such information.
580.582.587.text.12.28.11
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