DHS Rule Modifications Extend COVID Waivers


January 31, 2022

When Governor Murphy reinstated the Public Health Emergency, various Departments had been working on their own waiver extensions via changes to regulations.

On January 28th, the Department of Human Services (DHS) shared with NJAMHAA the following rule waiver/modification/suspension documents, all of which were effective on January 10, 2022.

Please know that all provide substitute definitions for "Face to face", "Medication Monitoring", "Signature", "Telehealth" and "Telemedicine", or a subset thereof, with the amended "Telehealth" and "Telemedicine" definitions stating that they include all amendments made in corresponding COVID-19 waivers - essentially providing blanket extensions to all related existing waivers for each program.

While some of the rule changes merely include a short list of these new definitions, others include additional text where the regulation being changed required it. The documents with additional text beyond definitions include: Programs for Assertive Community Treatment; Outpatient Services Standards; Outpatient Substance Use Disorder (SUD) Treatment Facilities; and Residential SUD Treatment Facilities.

Each document is linked individually below, though many more DHS documents can be found on this DHS COVID webpage.

• 1/25/22 Relaxation of Rules Pertaining to Community Support Services for Adults with Serious Mental Illness

• 1/25/22 Modification of Rules Pertaining to Licensed Community Residences For Adults with Mental Illnesses

• 1/25/22 Relaxation of Rules Pertaining to the Community Mental Health Services Act

• 1/25/22 Relaxation of Rules Pertaining to Partial Care Service Standards

• 1/25/22 Relaxation of Rules Pertaining to Programs of Assertive Community Treatment

• 1/25/22 Modification of Rules Pertaining to Outpatient Service Standards N.J.

• 1/25/22 Certificate of Modification of Rules Pertaining to Standards for Licensure of Outpatient Substance Use Disorder Treatment Facilities

• 1/25/22 Certificate of Modification of Rules Pertaining to Standards for Licensure of Residential Substance Use Disorder Treatment Facilities

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