OASAS released two blanket waivers effective September 12, 2024.
Each blanket waiver will immediately waive the provisions of Part 822 pertaining to Opioid Treatment Programs and Outpatient Rehabilitation Programs.
The blanket waiver will provide a bridge for providers while OASAS amends Part 822 to make the regulatory changes permanent. The waiver documents are available below. There are no additional steps for programs to take as these waivers are in effect, as noted, but each program should keep a copy on file.
Opioid Treatment Programs
The waiver removes regulations that are not consistent with CFR 42 Part 8 which become effective October 1, 2024. The regulations include:
- Part 822.8(b)(4) Removes requirement to document 12 months of OUD.
- Part 822.8(e)(2) Removes requirements for admission based on the documentation of 12 months of OUD.
- Part 822.11(b) Removes requirement for a physician to determine the initial dose of medication.
- 822.11(c) Removes unsupervised or take-home medication rules that are inconsistent with the federal rule.
Outpatient Rehabilitation
The waiver removes regulation related to Outpatient Rehabilitation. Programs will not be required to have separate designation as an outpatient rehabilitation program. This will allow all certified outpatient programs to provide and bill for outpatient rehabilitation such that it is consistent with an individual’s treatment needs and delivered as described in the Ambulatory Patient Group Manual.