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Proposed Rule Making

Proposed Regulations


The regulatory process in the State of New York is governed primarily by Article 2 of the State Administrative Procedure Act (SAPA). This process is administered in the Department of Health by the Regulatory Affairs Unit.

To initiate a regulatory proposal, SAPA requires submission of a Notice of Proposed Rulemaking to the Secretary of State for publication in the New York State Register. If no public hearing is required, the notice must precede adoption by at least 60 days (45 days for revised rulemaking). Publication by the Secretary of State is the primary means of giving notice of proposed actions. However, any person or entity may file a standing request to receive notices from the Department directly.

If the text of the proposed notice exceeds 2,000 words, only a description of the subject purpose or substance of the rule will be published in the New York State Register. Similarly, if the text of the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and/or the Job Impact Statement exceeds 2,000 words a summary is required. To ensure the widest possible and most timely outreach, in conjunction with submission to the Secretary of State, the Department will post the complete version of all regulatory notices at this website including those exceeding 2,000 words.

These postings are equivalent to the corresponding official regulatory notices which are published in the New York State Register. However, the Compilations of Title 10 and Title 18, which are located elsewhere in this website, are a current copy intended for informational use only. These compilations, although as accurate as possible, do not constitute an "official" copy. The "official" copy of the regulation is only available from Thomson Reuters.

Questions or comments on the material posted at this website should be directed to:

New York State Department of Health
Bureau of Program Counsel, Regulatory Affairs Unit
Corning Tower, Empire State Plaza, Rm. 2438
Albany, New York 12237-0031
Phone: (518) 473-7488
FAX: (518) 473-2019
Attention: Katherine Ceroalo

Questions or comments:

Publication Date Comment Period Expiration
06/28/2023 08/28/2023 Repeal of Section 2.61 from Title 10 NYCRR, Amendment of Sections 405.3, 415.19, 751.6, 763.13, 766.11, 794.3 & 1001.11 of 10 NYCRR & Sections 487.9, 488.9 & 490.9 of 18 NYCRR (Removal of the COVID-19 Vaccine Requirement for Personnel in Covered Entities)
05/31/2023 07/31/2023 Amendment of Sections 12.2 & 405.21, and Parts 721, 754 & 795 of Title 10 NYCRR (Perinatal Services, Perinatal Regionalization, Birthing Centers and Maternity Birthing Centers)
05/03/2023 07/03/2023 Amendment of Part 52 of Title 10 NYCRR (Standards for Tissue Banks and Nontransplant Anatomic Banks)
05/03/2023 07/03/2023 Amendment of Parts 485, 486, 487, 488 and 490 of Title 18 NYCRR (Update Standards for Adult Homes and Standards for Enriched Housing Programs)
04/19/2023 06/20/2023 Amendment of Part 2, Section 405.3 and Addition of Section 58-1.14 to Title 10 NYCRR (Investigation of Communicable Disease)
04/19/2023 06/20/2023 Amendment of Sections of 505.2, 506.5 & Part 511 of Title 18 NYCRR (Utilization Reviews)
04/12/2023 06/12/2023 Addition of Section 400.26 to Title 10 NYCRR & Amendment of Sections 600.1 & 710.2 of Title 10 NYCRR (Inclusion of a Health Equity Impact Assessment as Part of the Certificate of Need (CON) Process)
04/05/2023 06/05/2023 Amendment of Part 1001 of Title 10 NYCRR (Assisted Living Residences)
03/22/2023 05/22/2023 Amendment of Section 98-1.11(e) of Title 10 NYCRR (Contingent Reserve Requirements for Managed Care Organizations (MCOs))
03/22/2023 05/22/2023 Amendment of Subpart 69-8 of Title 10 NYCRR (Newborn Hearing Screening)