N.Y. Comp. Codes R. & Regs. tit. 14 § 512.16

Current through Register Vol. 46, No. 45, November 2, 2024

Section 512.16 - Transition to part 512

(a) PROS programs shall be implemented in accordance with a schedule established by the Office of Mental Health, in consultation with the local governmental unit.

(b) Outpatient providers which are certified as a continuing day treatment or intensive psychiatric rehabilitation treatment program pursuant to Part 587 of this Title, and are obtaining certification pursuant to this Part, may continue to operate pursuant to the requirements of Part 587 until four months after the effective date of the PROS provider's initial operating certificate issued pursuant to Part 551 of this Title. Notwithstanding this transition period, applicable co-enrollment reimbursement limitations pursuant to section 512.11(f) of this Part shall become effective upon the effective date of the PROS provider's initial operating certificate issued pursuant to Part 551 of this Title. In accordance with the licensure category under which individual reimbursement claims are submitted, providers shall adhere to the applicable documentation and service requirements of either this Part, or Parts 587 and 588 of this Title.

(c) Until such time as the PROS registration system can be used to enforce the co-enrollment limitations established pursuant to this Part, the provisions of section 512.11(g) of this Part, as they relate to the recovery of Medicaid, shall not become effective until three months after the effective date of the PROS provider's initial operating certificate issued pursuant to Part 551 of this Title. Notwithstanding this exception, co-enrollment limitations as they pertain to multiple providers operated by the same sponsor shall become effective upon the effective date of the PROS provider's initial operating certificate issued pursuant to Part 551 of this Title.

(d) To allow a period of adjustment to the professional staffing requirements established pursuant to this Part, staff employed by a provider at the time of its application for an operating certificate pursuant to Part 551 of this Title shall be deemed to have met the requirements of section 512.7(d)(2) of this Part, during the provider's first 18 months of operation, subject to the following conditions:

(1) such staffing plan shall be described in the application for an operating certificate pursuant to Part 551 of this Title;

(2) programs must employ at least one full-time professional staff member; and

(3) when a staff member included in the staffing plan pursuant to paragraph (1) of this subdivision leaves the provider's employment, he or she shall be replaced with an individual who will bring the program closer to compliance with section 512.7(d) of this Part.

(e) The commissioner may permit providers operating pursuant to a PROS operating certificate on or before November 1, 2006, to continue to operate pursuant to the requirements of Part 512 in effect prior to November 1, 2006. Such permission shall be granted only if such providers shall have submitted and the commissioner shall have approved a transition plan setting forth a timetable for complying with the requirements of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 512.16