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New York Codes, Rules and Regulations


Section 98-5.5 Appointment wait time standards

Effective Date


Section 98-5.5 Appointment wait time standards. 

(a) A MCO shall ensure that its network has adequate capacity and availability of health care providers of behavioral health services to offer enrollees appointments with providers that can treat enrollees’ behavioral health conditions within:

(1) 10 business days for an initial appointment with an outpatient facility or clinic; 

(2) 10 business days for an initial appointment with a health care professional who is not employed by or contracted with an outpatient facility or clinic; and 

(3) seven calendar days for an appointment following a discharge from a hospital or an emergency room visit.

(b)  A MCO may meet the appointment wait times set forth in subdivision (a) of this section through the use of telehealth unless the enrollee specifically requests an in-person appointment to treat the enrollee’s behavioral health condition.