14 NYCRR Part 822 - Amendment of NYCRR Part 822 - General Service Standards for Substance Use Disorder Outpatient Programs

Sep 21, 2026

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Notice of proposed rulemaking amends 14 NYCRR Part 822, setting general service standards for substance use disorder (SUD) outpatient programs certified, licensed, funded, or otherwise authorized by the Office. The proposal specifies added legal base provisions, updates definitions, and expands required admission assessment services by adding co-occurring mental health conditions. It revises staffing and patient record/documentation requirements, adjusts admission and physical examination timelines, updates opioid treatment program take-home scheduling rules, and introduces additional requirements for children and family treatment and support services, with severability and related numbering changes.

LanguageEnglish

CategoryExam

FormatPDF

Pages29

Reading Time1 h 13 min

AccessFree to download

Summary

822.1 Background

822.2 Legal Base

822.3 Applicability

822.4 Savings and Renewal Clause

822.5 Definitions

822.6 Standards Pertaining to Medicaid Reimbursement

822.7 General Program Standards

822.8 Patient Records/Treatment Planning

822.9 Additional Locations

822.10 Additional Requirements for Substance Use Disorder Outpatient Rehabilitation Services

822.11 Additional Requirements for Opioid Treatment Programs

822.12 Severability - Additional Requirements for Children and Family Treatment and Support Services (CFTSS)

822.13 Severability

KATHY HOCHUL Governor CHINAZO CUNNINGHAM, MD Commissioner Notice of Proposed Rulemaking Summary 14 NYCRR Part 822 and Part 823 AMENDMENT OF NYCRR PART 822 General Service Standards for Substance Use Disorder Outpatient Programs 822.1 Background. No changes. 822.2 Legal Base. • Added 42 U.S.C. § 1396d(r)(5) and 18 NYCRR 505.38 to the legal base. 822.3 Applicability. No changes. 822.4 Savings and Renewal Clause. No changes. 822.5 Definitions. • Added definitions for: “Children and Family Treatment and Support Services”, the “Children and Family Treatment and Support Services Provider Manual”, and “Non-physician licensed behavioral health practitioners”. Made minor non-substantive changes to other definitions. 822.6 Standards Pertaining to Medicaid Reimbursement. No changes. 822.7 General Program Standards. • Added “co-occurring mental health conditions” to required services in the admission assessment. Programs must directly screen for co-occurring mental health conditions in the admission assessment. 1450 Western Avenue | Albany, New York [12203-3526 | ](12203-3526 | oasas. ny. gov | 518-473-3460)[oasas. ny. gov](12203-3526 | oasas. ny. gov | 518-473-3460)[ | 518-473-3460](12203-3526 | oasas. ny. gov | 518-473-3460) • Added “pre-admission services” to the optional services for programs. • In staffing, specifically “medical staff”, the regulation now allows a physician “or other practitioner licensed under state law and registered under state and federal laws to administer and dispense medication for opioid use disorder” to be available for consultation, prescribing, dispensing and emergency situations, any time an OTP is open and a physician is not present. 822.8 Patient Records/Treatment Planning. • Requirements for documentation of admission was revised to expand approval to include licensed mental health practitioner with diagnostic privilege as defined by NYSED (NYS Education Department), for example, an LCSW, LMHC, or LMFT. • For patients being admitted to an OTP, they no longer must have documented a minimum 12 month opioid use disorder and physical evaluation. Now, for admission, they must meet the patient admission criteria delineated in 42 CFR Part 812€ and must undergo an initial medical examination in accordance with the requirements in 42 CFR Part 8 . 12(f) . In addition the comprehensive physical exam must be completed within 14 calendar days following admission to an OTP. • This section was revised to remove the prohibition on significant others being admitted to outpatient rehabilitation service. • Requirements for documentation of pre-admission services were added to this section in accordance with this being offered as an optional service. • The additional admission requirements for OTPs were revised consistent with changes to the Federal rules (42 CFR Part 8 . 12) by removing requirements that are no longer required at the Federal level. 822.9 Additional Locations. • Revisions were made to reflect the changes to requirements for outpatient rehabilitation services in Part 822.10. 822.10 Additional Requirements for Substance Use Disorder Outpatient Rehabilitation Services. • This section was revised to remove the requirement that programs must be certified by the office in order to provide outpatient rehabilitation which ends outpatient rehab as a separate certification. 822.11 Additional Requirements for Opioid Treatment Programs. 1450 Western Avenue | Albany, New York [12203-3526 | ](12203-3526 | oasas. ny. gov | 518-473-3460)[oasas. ny. gov](12203-3526 | oasas. ny. gov | 518-473-3460)[ | 518-473-3460](12203-3526 | oasas. ny. gov | 518-473-3460) • The revisions to this section align with the 2024 updates to the Federal rules of 42 CFR Part 8, which reduce barriers to medication access. Revisions were made to the requirements for a take-home schedule as well. 822.12 [Severability] Additional Requirements for Children and Family Treatment an

FAQs

What is the purpose of the proposed amendments to 14 NYCRR Part 822?

The notice proposes amendments to 14 NYCRR Part 822 to establish general service standards for substance use disorder outpatient programs authorized by the Office, including updates to requirements and definitions.

What new clinical requirement is added to the admission assessment standards?

Programs must add “co-occurring mental health conditions” to required services in the admission assessment and directly screen for these conditions during admission assessment.

How do the proposed changes affect patient documentation and admission requirements?

The proposal revises admission documentation approval to include licensed mental health practitioners with diagnostic privilege, updates admission criteria to align with federal rules, and requires a comprehensive physical exam within 14 calendar days after admission to an OTP.

Sep 21, 2026

Uploaded by McQueen