New York Codes, Rules and Regulations (NYCRR) http://www.dos.ny.gov/info/nycrr.html 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.
2021 Regulatory Agenda
OPWDD 2021 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 2021:
DESCRIPTION OF THE RULE SUBJECT MATTER
Title 14 NYCRR (Mental Hygiene)
Advanced Healthcare Directives - to allow an individual with an advanced healthcare directive to authorize his/her health care agent to commence decision-making immediately upon the execution of a health care proxy.
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.
Delegation of Nursing Tasks to Direct Support Professionals - to implement changes to the Nurse Practice Act.
Repeal Rate Appeal Processes - to repeal processes for appealing rate methodologies as this function now rests with the Department of Health.
Repeal of Rate Setting Authority - to repeal rates and rate setting methodologies as rulemaking authority for rates now rests with the Department of Health.
Rate Setting for Specialty Hospitals – to update regulatory authority regarding rate setting methodology for specialty hospitals consistent with State Plan authority
Intermediate Care Facilities (ICF) Closure and Conversions - to require ICF conversion compliance as necessary.
Day Habilitation with/ without Walls – to define programmatic standards for day habilitation with/ without walls.
Care Coordination/Basic HCBS Regulatory updates – to amend current regulatory language to reflect the changes due to Health Homes/Care Coordination.
Certified Residential Opportunities – to establish policy and procedures for development, management and use of the residential referral process
General Regulatory Relief – to implement amendments to outdated regulatory processes in order to provide resource relief to OPWDD regulated providers
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