New York Codes, Rules and Regulations (NYCRR) https://dos.ny.gov/state-register. By virtue of Chapter 407 of the Laws of 2007 the New York State Department of State (DOS) has posted all New York State regulations online. OPWDD's regulations can be found at 14 NYCRR Parts 602-690. Please note that these regulations are an unofficial version and that because of delays in the posting process the regulations as posted on the NYS DOS website may not be current.
2023 Regulatory Agenda
Pursuant to subdivision 1 of section 202-d of the State Administrative Procedure Act (SAPA), notice is provided of the following rules that the Office for People With Developmental Disabilities (OPWDD) is considering proposing, but for which a rule making proceeding has not begun. All following references to regulatory provisions are to Title 14 of the New York Code of Rules and Regulations. Please note that the regulatory plans of OPWDD are subject to change. OPWDD reserves the right to add, delete, or modify items appearing on this list. Further, as indicated in SAPA section 202-d (2), OPWDD is not required to propose or adopt any rule listed on a regulatory agenda and may propose or adopt a rule that has not been listed on an agenda.
Publication of this notice is intended to further assure that small businesses, local governments, and public and private interests in rural areas are given an opportunity to participate in the rule making process, as provided by sections 202-b and 202-bb of SAPA. Each rule listed below may require a regulatory flexibility analysis or a rural flexibility analysis, pursuant to SAPA sections 202-b and 202-bb, respectively.
The public is welcome to send written comments regarding this regulatory agenda to the agency representative indicated at the end of this list.
The following rules are under consideration for submission as a Notice of Proposed Rulemaking during the calendar year 2023:
Description Of The Rule Subject Matter
Title 14 NYCRR (Mental Hygiene)
Health Care Proxy revisions - to amend 14 NYCRR 633.20 to add Nurse Practitioners and Physician Assistants as authorized to perform specified functions.
Objection to Services Updates - to streamline and standardize processes for objecting to services pursuant to 14 NYCRR 633.12.
Life Safety Code - to implement updates in Life Safety and Emergency Planning.
Supported Decision-Making - to implement supported decision-making practices pursuant to Chapter 481 of the Laws of 2022.
Delegation of Nursing Tasks to Direct Support Professionals - to implement changes to the Nurse Practice Act.
Medication Administration – to repeal and add a new section 633.17 regarding the administration of prescription and non-prescription medication
Repeal Rate Appeal Processes - to repeal processes for appealing rate methodologies as this function now rests with the Department of Health.
Day Habilitation with/ without Walls – to define programmatic standards for day habilitation with/ without walls.
Supported Employment (SEMP) – to expand the type of services an agency may bill SEMP for and change the training requirements for SEMP staff.
Care Demonstration Program – to establish policy and procedures for the Care demonstration program pursuant to Chapter 670 of the Laws of 2021.
Operation of Community Residences – to revise 14 NYCRR Part 686.
Eligibility – to clarify 14 NYCRR Part 629 eligibility criteria.
Waiver Eligibility – to update 14 NYCRR Part 635-10.3 to include the demonstrated need for HCBS waiver services, as determined by OPWDD for eligibility participation.
Financial reporting and Audit requirements – to update Part 635-4 to update recertification requirements and processes for cost reports.
Language Access – to amend Part 636 to reflect language access policies pursuant to the recent NYS language access laws.
PROMOTE- to formalize regulations for providers using the OPWDD PROMOTE curriculum in place of the SCIP-R curriculum.
Mary Beth P. Babcock, Deputy Counsel
Office for People With Developmental Disabilities
Office of Counsel, Bureau of Policy and Regulatory Affairs
44 Holland Avenue 3rd Floor
Albany, New York 12229