End of Pandemic and OMH Waivers

Mar 15, 2023 | Insights and Highlights

The U.S. government has announced that the Public Health Emergency (PH) will expire at the end of the day on May 11, 2023. On the date the PHE ends, the flexibility afforded providers regarding minimum billing standards and documentation requirements will end, unless otherwise specified by OMH through formal regulatory waivers. The current OMH Commissioner’s waiver, which was last renewed on February 1, 2023, and contains the COVID-19-related flexibilities, will terminate on the same date as the PHE ends. Below is a link to a document that provides a summary of the areas impacted by the end of the PHE.

Link: https://omh.ny.gov/omhweb/guidance/impact-end-of-federal-phe-on-omh-system.pdf

OMH has adopted regulatory changes to Part 596 which made permanent many of the flexibilities put in place during the NYS Executive Order and continued with the OMH Commissioner’s Waiver. These revised regulations were effective September 12, 2022 and published in issue #39 of the State Register dated September 28, 2022. OMH will soon release Telehealth Guidance to further clarify expectations for OMH licensed and funded programs. 

Source: Public Information Office Office of Mental Health Outpatient Treatment and ReRehabilitativeervices MHOTRS (formerly known as Article 31 Clinic)