End of the Year Regulatory Updates for OASAS Providers

To assist Office of Alcoholism and Substance Abuse Services (OASAS) providers in complying with their licensing agency's regulations, here is an overview of the key publications by OASAS in the latter half of 2017, along with recent regulatory updates.

OASAS Guidance Letters

1. Medical Director Board Certifications
   • Addressing Part 800.3(d), which requires programs to have a medical director. The letter exempts medical directors in place as of November 29, 2017 from the Part 800 requirement to obtain board certification. Office of Alcoholism and Substance Abuse Services, Letter from Counsel re: Medical Director Board Certifications (Nov. 29, 2017).
2. Addiction Treatment Services for Native Americans with Medicaid Fee Service
   • Advising providers that they cannot require or request that Native Americans enroll in the Medicaid Managed Care program in order to receive treatment. Office of Alcoholism and Substance Abuse Services, Letter from Counsel re: Addiction Treatment Services for Native Americans with Medicaid Fee Service (Nov. 13, 2017).
3. Clarifying the role of certified recovery peer advocates, recovery coaches and interventionists for providers and consumers in addiction services
   • Addressing the status, scope of practice and differences between Certified Recovery Peer Advocates (CRPA), Certified Addiction Recovery Coach (CARC)/Recovery Coaches and Interventionists. Office of Alcoholism and Substance Abuse Services, Letter from Counsel re: Clarifying the role of certified recovery peer advocates, recovery coaches and interventionists for providers and consumers of addiction services (Nov. 10, 2017).
4. Justice Center Administrative Action Reporting Mechanism (AARM)
   • Requiring providers to submit all administrative actions taken against subjects with a Category 1-3 substantiated finding to the Justice Center’s web application, AARM. Office of Alcoholism and Substance Abuse Services, Letter from Counsel re: Justice Center Administrative Action Reporting Mechanism (AARM) (Oct. 6, 2017).
5. Initiation of Medication Assisted Treatment in OASAS Outpatient Programs
   • Discussing Part 822 services and instructing providers that there is no prohibition on using pre-admission services to start or support medicated assisted treatment. Office of Alcoholism and Substance Abuse Services, Letter from Counsel re: Initiation of Medication Assisted Treatment in OASAS Outpatient Programs (Sept. 7, 2017).
6. Limitations and Prohibitions on Programs and Practitioners related to Provision of Certain SUD Services
   • Discussing the authority of OASAS to regulate unauthorized services and providers in all phases of delivering addiction services. Office of Alcoholism and Substance Abuse Services, Letter from Counsel re: Limitations and Prohibitions on Programs and Practitioners related to Provision of Certain SUD Services (Aug. 3, 2017).

OASAS Regulatory Update

As of December 6, 2017, Part 820 Residential Services regulations and Part 822 Chemical Dependence Outpatient and Opioid Treatment Programs regulations are effective. There are also proposed regulations regarding Children's Services under Part 823 and Acupuncture and Telepractice under Part 830.

For questions or assistance regarding compliance with OASAS regulations, please contact Eric Dyer (518) 429-4246 or edyer@barclaydamon.com, or any attorney in Barclay Damon's Health and Human Services Practice Group.