Office for People With Developmental Disabilities

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OPWDD 2019 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 2019:

Title 14 NYCRR (Mental Hygiene)


Freedom of Information Law - to update the Freedom of Information regulations.

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.

Plan of Care Supports and Services (PCSS) Liability Regulations - to add Plan of Care Supports and Services as a covered service under OPWDD’s Liability regulations.

Life Safety Code - to implement a recent update in the Life Safety

Conflict of Interest and Case Management Requirements - to address potential conflicts with service delivery and service coordination.

Person-Centered Planning - to amend requirements to ensure consistency with person-centered planning regulations.

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.

Enrollment Authorization for Independent Practitioner Services for Individuals with Developmental Disabilities - to allow authorization of providers’ enrollment into Independent Practitioner Services for Individuals with Developmental Disabilities.

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.

Intermediate Care Facilities (ICF) Closure and Conversions - to require ICF conversion compliance as necessary.

Home and Community Based Services (HCBS) Requirements Settings - to define HCBS requirements for all services.

Day Habilitation with/ without Walls – to define programmatic standards for day habilitation with/ without walls


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
518-474- 7700
[email protected]
This agenda is also posted on the OPWDD website at