New York Register, Volume 40, Issue 07, February 14, 2018

• Jurisdiction: New York
• Library: New York Register
• Published date: 14 February 2018
• Year: 2018

RULE MAKING

ACTIVITIES

Each rule making is identified by an I.D. No., which consists

of 13 characters. For example, the I.D. No. AAM-01-96-

00001-E indicates the following:

AAM -the abbreviation to identify the adopting agency

01 -the State Register issue number

96 -the year

00001 -the Department of State number, assigned upon

receipt of notice.

E -Emergency Rule Making—permanent action

not intended (This character could also be: A

for Adoption; P for Proposed Rule Making; RP

for Revised Rule Making; EP for a combined

Emergency and Proposed Rule Making; EA for

an Emergency Rule Making that is permanent

and does not expire 90 days after filing.)

Itali cs con tain ed in text denote new material. Brackets

indicate material to be deleted.

Office of Alcoholism and

Substance Abuse Services

NOTICE OF ADOPTION

Establishment, Incorporation and Certification of Providers of

Substance Use Disorder Services

I.D. No. ASA-41-17-00001-A

Filing No. 138

Filing Date: 2018-01-26

Effective Date: 2018-02-14

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-

cedure Act, NOTICE is hereby given of the following action:

Action taken: Amendment of Part 810 of Title 14 NYCRR.

Statutory authority: Mental Hy giene Law, sections 19.07, 19.09, 19.20,

19.20-a, 19.21, 19.40, 32.01, 32.05, 32.07, 32.09, 32.21, 32.29 and 32.31;

Business Corpo ration Law, section 4 06; Civil Servi ce Law, section 50;

Not-for-Profit Corporation Law,section 404; Executive Law, Protection of

People with Special NeedsAct, L. 2012, ch. 501; 42 C.F.R. 431.110

Subject: Estab lishment, Inco rporation and Ce rtification of Pr oviders of

Substance Use Disorder Services.

Purpose: Cla rifies the obl igation to re cognize alc ohol/subs tance abuse

programs operated by Indian Health Services facilities.

Text of final rule: 14 NYCRR Part 810 is amended to read as follows:

PART 810

ESTABLISHMENT, INCORPORATION AND CERTIFICATION OF

PROVIDERS OF SUBSTANCE USE DISORDER SERVICES

(Statuto ry Authority : Mental Hy giene Law §§ 19.07, 1 9.09, 19. 20,

19.20-a, 19. 21, 19.40, 32 .01, 32.05, 3 2.07, 32.09 , 32.21, 32.2 9, 32.31;

Business Corporation Law § 406; Civil Service Law § 50; Not-for-Profit

Corporation Law § 404; Executive Law, Protection of People with Special

Needs Act, Chapter 501 of the Laws of 2012; 42 C.F.R. 431.110)

Sec.

810.1 Background and intent

810.2 Legal base

810.3 Applicability

810.4 Definitions

810.5 Applications requiring full review

810.6 Applications requiring administrative review

810. 7 Stan dard s for ap pro val of a n appl icat ion r equi ring f ull or

administrative review

810.8 Full review process

810.9 Administrative review process

810.10 Actions requiring prior approval

810.11 Coordination with the Department of Health

810.12 Criteria and procedures for approval of management contracts

810.13 Certification

810.14 Inspection and reviews

810.15 Suspension, revocation or limitation of operating certificates

810.16 Voluntarytermination of authorized services

810.17 Ownership of operating certificates

810.18 Indian Health Service (IHS) Programs

810.19[8]Severability

Section 2. Section 810.2 is amended by adding a new subdivision (s) to

read as follows:

(s) 42 CFR 431.110relates to federal requirements that New YorkState’s

Medicaid State Plan provide for the acceptance of Indian Health Services

facilities as a Medicaid provider on the same basis as any other qualified

provider.

Section 3. Part 810 is amended by adding a new section 810.18 to read

as follows:

810.18 Indian Health Service (IHS) Programs.

(a) Notwithstanding section 32.05 of the mental hygiene law, a program

organized, operated or authorized by the Federal Government to operate

as an Indian Hea lth Service f acility, with an al cohol/subs tance abuse

program, is not required to obtain Office certification provided such ser-

vice meets the applicable standards for certification.

(b) An attestation from the facility that such facility is authorized by the

federal government shall be recognized by the Office as evidencing the ap-

plicable standards for certification for purposes of obtaining an operating

certificate. Facilities that do not require an operating certificate need not

submit an attestation.

(c) Such facility may not be denied participation as a Medicaid provider

on the basis of a lack of certification and shall be afforded the same rights,

opportunities and obligations as any other qualified provider.

Section 4. Section 810.18 is renumbered to read as follows:

810.19[8] Severability.

If any provision of this Part of the application thereof to any person or

circumstance is held invalid, such invalid ity shall not affect other provi-

sions or applications of this Part which can be given effect without the in-

valid provisions or applications, and to this end the provisions of this Part

are declared to be severable.

Final rule as compared with last published rule: Nonsubstantive changes

were made in section 810.18.

Text of rule and any required statements and analyses may be obtained

from: Carmelita Cruz, NYS OASAS, 1450 WesternAvenue, Albany, NY

12203, (518) 485-2312, email: Carmelita.Cruz@oasas.ny.gov

Revised Regulatory Impact Statement

A revised regulatory impact statement is not being submitted because the

corrections made to the adopted text constitute a clarification correction in

proposed rulemaking. The impact statement for the proposed rulemaking

is the same because the intent has not changed. The proposal was published

in the October 11, 2017 State Register.

1

Revised Regulatory Flexibility Analysis

A revised statement in lieuof regulatory flexibility analysis for small busi-

nesses and local governments is not being submitted because the correc -

tions made t o the adopt ed text con stitute a c larifica tion corr ection in

proposed rulemaking . The statement for the propo sed rulemaking is the

same because the intent has not changed. The proposal was published in

the October 11, 2017 State Register.

Revised Rural Area Flexibility Analysis

A revised statement in lieu of ru ral area flexibility an alysis is not being

submitted because t he corrections made t o the adopted text cons titute a

clarifica tion corr ection in p roposed r ulemaki ng. The stat ement for t he

proposed rulemaking is the same because the intent has not changed. The

proposal was published in the October 11, 2017 State Register.

Revised Job Impact Statement

A revised job impact statement is not being submitted because the correc-

tions made t o the adopt ed text con stitute a c larifica tion corr ection in

proposed rulemaking. The impact statement for the proposed rulemaking

is the same because the intent has not changed. The proposal was published

in the October 11, 2017 State Register.

Initial Review of Rule

As a rule that requir es a RFA, RAFA or JIS, this rule will be initiall y

reviewed in the calendar year 2021, which is no later than the 3rd year af-

ter the year in which this rule is being adopted.

Assessment of Public Comment

Notice of Proposed Rule Making was published in the New YorkState

Register on October 11, 201 7. The Office of Alcoholism and Subs tance

Abuse Servic es (OASAS) re ceived one (1) c omment duri ng the public

comment period associated with the revised rulemaking from The Oneida

Indian Nation. A summary of the comment and OASAS response are set

forth below.

810.18(b)

Issue/Concern: Concern that OASAS is imposing an additional burden

on Indian H ealth Se rvices ( IHS) fac ilitie s operat ing at tri bal natio ns

geographically located within the State of New York by requiring submis-

sion of an attestation to OASAS to operate such IHS facilities.

Response: OASAS adde d additional langua ge to the amended text to

clarify that only those IHS facilities that want to obtain the OASAS operat-

ing certificate are required to submit the attestation and nothing is required

of programs that do not want the operating certificate.

New York State Athletic Commission

EMERGENCY/PROPOSED

RULE MAKING

NO HEARING(S) SCHEDULED

Loss of Bodily Function in Mixed Martial Arts Competitions

I.D. No. ATH-07-18-00012-EP

Filing No. 143

Filing Date: 2018-01-29

Effective Date: 2018-01-29

PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-

cedure Act, NOTICE is hereby given of the following action:

Proposed Action: Addition of section 212.12(g)-(k) to Title 19 NYCRR.

Statutory authority: General Business Law, sections 1003(2) and 1014(9)

Finding of necessity for emergenc y rule: Preservation of public hea lth,

public safety and general welfare.

Specific reasons underlying the finding of necessity: The Department of

State (“Department”) is charged, inter alia, wit h the enforcement of Part

212 of the Official Compil ation of Codes, Rules and R egulations of the

State of New York (19 NYCRR Part 212), which relates to pro fessional

combative sports in NewYork State. A principal purpose behindthe enact-

ment of Part 212 was to establish rules and regulations which protect the

health and safety of c ombatants and offic ials who participa te in profes-

sional mixe d martial art s competitio ns. The adopti on of this rule w ill

reduce the risk of a mixed martial artist and/or referee coming into contact

with vomit, urine or fecal matter during a mixed martial arts contest or ex-

hibition, and will help protect combatants by requiring the stoppage of a

bout when there is a loss of bodily function as prescribed by this rule.

To help ensure that combatants, officials, and the general public are bet-

ter protected, the Department is adopting this emergency regulation. The

enhancement of public safety, health and general welfare necessitates the

promulgation of this regulation on a n emergency basis. The Department

finds that adopting the proposed rule will protect the health and safety of

all combatants and officials who participate in professional mixed martial

competitions in New York State.

Subject: Loss of Bodily Function in Mixed Martial Arts Competitions.

Purpose: To comply with the rule changes of the Association of Boxing

Commissions and Combative Sports.

Text of emerge ncy/pr oposed r ule: Se ction 21 2.12 of Titl e 19 of the

NYCRR is amended as follows:

Loss of Bodily Function in Mixed Martial Arts Competitions

(g) If a combatant, during a round, loses control of a bodily function,

i.e., vomits, urinates or defecates, due to a legal blow, the refereeshall im-

mediately stop the contest or exhibition, and the combatant shall lose by

technical knockout (TKO) due to medical stoppage.

(h) If a combatant, during a round, l oses control of a bodily function

due to an accidental foul, the referee shall immediately stop the contest or

exhibition, and:

(1) The contest or exhibition shall be declared a no contest if the foul

occurs during:

(i) The first two rounds of a scheduled three-roundcontest or exhi-

bition; or

(ii) The fir st three rounds o f a schedul ed five-roun d contest o r

exhibition.

(2) The outcome of the contest or exhibition shall be determined by

scoring the completed rounds and the roundduring which the referee stops

the contest or exhibition if the foul occurs after:

(i) The completed second round of a three-roundcontest or exhibi-

tion; or(ii) The completed third round of a five-roundcontest or exhibition.

(i) If a combatant, during a round, loses control of a bodily function due

to an intentional foul, the referee shall stop the contest or exhibition, and

the offending combatant shall lose by disqualification.

(j) If a combatant, during the rest period between rounds, loses control

of a bodily function, the ringside physician shall ex amine the combatant

and det ermin e his/ her med ical fi tness t o conti nue co mpeti ng. If t he

ringside physici an determines that t he combatant is not me dically fit to

continue, the co mbatant shall l ose by technica l knockout (TKO) d ue to

medical stoppage.

(k) If, at any time during the bout and in circumstances other than those

described i n (g) through (j) a bove, in the de terminati on of the referee,

there is a risk that a combatant may come into contact the vomit, urine or

fecal matter of an opponent who lost control of a bodily function, the ref-

eree shall immediate ly stop the contest o r exhibition, an d the opponent

who lost control of a bod ily function sha ll lose by TKO due to m edical

stoppage.

This notice is intended: to serve as both a notice of emergency adoption

and a notice of p roposed ru le making. Th e emergency ru le will expi re

April 29, 2018.

Text of rule and any required statements and analyses may be obtained

from: Ryan Sakacs, Athletic Commission, New York State, 123 William

Street, N ew York, NY 10038, (212 ) 417-214 9, email:

ryan.sakacs@dos.ny.gov

Data, views or arguments may be submitted to: Same as above.

Public comment will be received until: April 16, 2018.

Regulatory Impact Statement

1. Statutory Authority

Article 41 of the General Business Law authorizes the New York State

Athletic Commission to promulgate regulations governing the conduct of

authorized professional combative sports.

2. Legislative Objectives

The New York State Athletic Commission was enacte d to protect the

health, safety and general welfare of all participants in combative sports.

The proposal a ccords with th is public poli cy and legisla tive intent b y

reducing the risk that a mixed martial artist and/or referee will come into

contact with the vomit, urine and/or fecal matter of a combatant during a

mixed martial arts contest or exhibition.

3. Needs and Benefits

The purp ose of the p roposa l is to prot ect the he alth and s afety of

combatants and officials during a mixed martial arts contest or exhibition.

The proposal is necessary b ecause it mandates that a mi xed martial arts

contest or exhibition will t erminate under specified c ircumstances when

there is a risk that a combatant and/or referee will come into contact with

the vomit, urine and/or fecal matter of a combatant.

4. Costs

There are no costs to regul ated parties for the imp lementation of and

NYS Register/February 14, 2018Rule Making Activities

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