2024 state regulatory activity

July 10

This chart includes regulations of interest to HANYS and our members that have been introduced and are open for public comment or in effect via emergency regulation.

For questions on the regulations below or any other regulatory issues, contact Laura Palmer, director of regulatory affairs.

Agency	Regulation	Description	Status	Comment period
July
Department of Health	Repeals Sections 800.24, 800.25 and 800.26; adds new Sections 800.24, 800.25 and 800.26 to Title 10 NYCRR.	Emergency medical services equipment requirements for certified ambulance and emergency ambulance service vehicles – updates requirements to meet industry standards that address patient and provider safety and manufacturing guidelines.	Proposed	Comments due Sept. 8
Department of Health	Amendment of Section 98-1.11(e) of Title 10 NYCRR.	Contingent reserve requirements for managed care organizations – maintains the contingent reserve requirement at 7.25% through 2025 applied to the Medicaid Managed Care, HIV SNP and HARP programs.	Proposed	Comments due Sept. 1
May
Department of Health	Amendment of Sections 80.62, 80.63 and 80.84 of Title 10 NYCRR	In-person medical evaluation requirements and exceptions for controlled substances prescribing – clarifies patient evaluation requirements for prescriptions for controlled substances.	Proposed	Comments due July 14
Department of Health	Addition of Section 405.46 to Title 10 NYCRR	Hospital cybersecurity requirements – creates cybersecurity program requirements for all Article 28 regulated facilities.	Revised proposed	Comments due June 29
Department of Health	Amendment of Part 12 of Title 10 and Section 505.2(e) of Title 18 NYCRR	Reproductive healthcare standards – reconciles with Article 25-a of the Public Health Law and aligns with evidence-based clinical guidelines.	Proposed	Comments due July 7
Office of Mental Health	Amendment of Part 599 of Title 14 NYCRR	Provide programs the flexibility in the provisions of both medical and mental health services – increases the total number of annual visits for which a program licensed solely under Article 31 may provide.	Proposed	Comments due June 30
April
Department of Education	Amendment of Section 29.2; addition of Subpart 79-21 to Title 8 NYCRR	General misconduct provisions for the health professions and requirements for histotechnologist licensure – establishes new histotechnology profession and license requirements.	N/A	Regulation adopted
Department of Environmental Conservation	Amendment of Part 381 of Title 6 NYCRR	Transportation of radioactive materials – establishes regulations consistent with the Nuclear Regulatory Commission.	Proposed	Comments due June 16
Department of Health	Repeals and replaces all sections of Part 16 of 10 NYCRR	Ionizing radiation – updates regulations to align with federal standards and to reflect current technology.	Proposed	Comments due June 9
March
Department of Education	Addition of Section 63.17 to Title 8 NYCRR	Administration of injectable medications by pharmacists for the treatment of mental health and substance use disorder – implements Chapter 802 of the Laws of 2023.	Emergency proposed Emergency regulation in effect through Aug. 8	Comments due May 26
Department of Education	Addition of Sections 60.14, 63.16 and 64.5(d) to Title 8 NYCRR	Dispensing of self-administered hormonal contraceptives – implements Chapter 128 of the Laws of 2023.	Emergency Emergency regulation in effect through Aug. 8	N/A
NYS Higher Education Services Corporation	Amends Sections 2201.1, 2206.2; addition of Section 2202.7 to Title 8 NYCRR	Tuition assistance program awards for students enrolled in approved nondegree workforce credential programs – implements a statutory student financial aid program providing for awards to be made to students beginning with the spring 2024 term.	Emergency	N/A
February
Department of Education	Addition of Sections 60.14, 63.16 and 64.5(d) to Title 8 NYCRR	Dispensing of self-administered hormonal contraceptives – implements Chapter 128 of the Laws of 2023.	Proposed	Comments due April 28
Department of Financial Services	Addition of Part 38 (Regulation 230) to Title 11 NYCRR	Network adequacy and access standards – establishes network adequacy and access standards and other protections to improve access to behavioral health services.	Proposed	Comments due April 21
Department of Health	Amendment of Section 405.19 of Title 10 NYCRR	General hospital emergency services behavioral health – establishes policies and procedures to identify, assess and refer patients with behavioral health presentations.	Proposed	Comments due April 21
Department of Health	Amendment of Part 300 of Title 10 NYCRR	Statewide Health Information Network for New York – establishes the state-designated entity and enhances SHIN-NY efficiency and flexibility.	N/A	Regulation adopted
January
Department of Health	Amendment of Subpart 98-1; addition of Subpart 98-5 to Title 10 NYCRR	Network adequacy and access standards for behavioral health services – establishes network adequacy standards for behavioral health services.	Proposed	Comments due March 10
Department of Education	Amendment of Section 29.2; addition of Subpart 79-21 to Title 8 NYCRR	General misconduct provisions for the health professions and requirements for histotechnologist licensure – establishes new histotechnology profession and license requirements.	N/A	Regulation adopted
Department of Education	Repeals sections 52.38, 52.39, 52.40 and 52.41; addition of new sections 52.38, 52.39, 52.40, 52.41 and 52.50 of Title 8 NYCRR.	Education requirements for registration of curricula of license qualifying education programs for the profession of clinical laboratory technologist, cytotechnologist, clinical laboratory technician, histotechnician, and histotechnologist – conforms regulations to chapter 446 of 2022.	N/A	Regulation adopted
Office of Mental Health	Amendment of Part 580 of Title 14 NYCRR	Admission and discharge criteria for psychiatric inpatient units of general hospital – creates admission and discharge standards.	Proposed	Comments due March 24
Office of Mental Health	Amendment of Part 590 of Title 14 NYCRR	Admission and discharge criteria for comprehensive psychiatric emergency programs – creates admission and discharge standards.	Proposed	Comments due March 24
Office of Mental Health	Amendment of Part 582 of Title 14 NYCRR	Admission and discharge criteria for hospitals for persons with mental illness – creates admission and discharge standards.	Proposed	Comments due March 24
2023
December
Department of Education	Amendment of Section 64.7 of Title 8 NYCRR	Execution by RNs of non-patient orders to provide certain emergency medical services and administer pregnancy tests – implements Chapter 193 of the Laws of 2023 and authorizes registered professional nurses execute a non-patient specific order and protocol ordered or prescribed by a licensed physician or a certified nurse practitioner.	N/A	Regulation adopted
Department of Health	Amendment of Sections 405.4 and 405.6 of Title 10 NYCRR	General hospital medical staff recertification – changes the medical staff re-credentialing timeframe from every two years to every three years.	N/A	Regulation adopted
Department of Health	Amendment of Subpart 69-8 of Title 10 NYCRR	Newborn hearing screening – improves follow-up after newborn hearing screening and articulate reporting requirements.	N/A	Regulation adopted
Department of Health	Addition of Section 405.46 to Title 10 NYCRR	Hospital cybersecurity requirements – creates cybersecurity program requirements for all Article 28 regulated facilities.	Proposed	Comments due Feb. 4
Department of Health	Amendment of Part 800 of Title 10 NYCRR	Educational requirements for certified emergency medical services providers – updates educational requirements for certified EMS providers to ease barriers to recruitment.	N/A	Regulation adopted
November
Department of Education	Amendment of Sections 29.15, 79-9.6, 79-10.6 and 79- 12.6 of Title 8 NYCRR	Mental health practitioners’ diagnostic privilege – implements sections 2 and 3 of Chapter 230 of the Laws of 2022.	N/A	Regulation adopted
Department of Health	Amendment of Sections 405.11 and 415.19 of Title 10 NYCRR	Hospital and nursing personal protective (PPE) requirements – to ensure all general hospitals and nursing maintain a 60-day supply of PPE.	N/A	Regulation adopted
Department of Health	Amends sections 405.28 and 411.1 of Title 10 NYCRR; and amend Section 485.13 of Title 18 NYCRR	Long term care ombudsman program – clarifies language relative to access by the long-term care ombudsmen and adding reference to Section 218 of Elder Law.	Proposed	Regulation adopted
Department of Health	Amendment of Sections 487.10 and 490.10 of Title 18 NYCRR	Updated quality improvement requirements – updates quality improvement committee requirements of adult homes and residences for adults.	N/A	Regulation adopted
Department of Health	Addition of part 1007 to Title 10 NYCRR	Medical respite program –establishes procedures for review and approval of applications from a not-for-profit corporation to be certified as an MRP operator.	N/A	Regulation adopted
Department of Education	Amends Section 52.12 of Title 8 NYCRR	Requirements for clinical education and simulation experience in nursing education programs – updates section 52.12 to conform with Chapter 134 of the Laws of 2023.	N/A	Regulation adopted
Department of Education	Amends Section 64.7(a) of Title 8 NYCRR	Non-patient specific orders to administer immunizing agents against respiratory syncytial virus (RSV) – ensures greater access to immunizations against RSV.	N/A	Regulation adopted
October
Department of Health	Amends Section 86-2.14 of Title 10 NYCRR	Nursing home rate appeal and prioritization – amends current appeal submission and processing requirements.	Proposed	Comments due Dec. 24
September
Department of Education	Amends Section 79-13.5 of Title 8 NYCRR	Requirements for restricted licenses for clinical laboratory technologists in molecular testing – updates the requirements for restricted licenses for clinical laboratory technologists in molecular testing.	N/A	Regulation adopted
Department of Health	Amends Section 405.45 of Title 10 NYCRR	Trauma centers - resources for optimal care of the injured patient – updates the edition of Resources for Optimal Care of the Injured Patient from 2014 to 2022.	N/A	Regulation adopted
Department of Labor	Renumbers Parts 192, 194 of Subchapter G; adds Subpart 194-2 to Title 12 NYCRR	Pay transparency in job advertisements – increases transparency in job advertisements.	Proposed	Comments due Nov. 12
Office of Mental Health	Adds Part 602 to Title 14 NYCRR	Use of telehealth in crisis stabilization centers – establishes regulations regarding the use of telehealth in crisis stabilization centers.	Proposed	Comments due Nov. 5
June
Department of Health	Amendment of Sections 29.7, 63.6 and 63.8 of Title 8 NYCRR	Registration and operation of central pharmacies – establishes parameters for the central fill pharmacy model.	Proposed	Comments due Aug. 27
May
Department of Health	Amends Sections 12.2, 405.21, parts 721, 754 and 795 of Title 10 NYCRR	Perinatal services, perinatal regionalization, birthing centers and maternity birthing centers – updates the regulatory requirements of birthing hospitals and centers to meet current standards of clinical care.	N/A	Regulation expired
April
Department of Health	Amends Part 1001 of 10 NYCRR	Assisted living residences – updates admission, operator authority, personnel, environmental standards and resident protections for assisted living residences.	Proposed	Regulation adopted