2026 NY Behavioral Health Compliance Guide

NY's behavioral health access regulation requires MCOs to meet strict new standards by Dec 31st.

New York's behavioral health access regulation (10 NYCRR Subpart 98-5) went into effect on July 1, 2025, and the compliance clock is already running.

If you're a managed care organization (MCO) operating in New York, 2026 brings a full year of new operational requirements that fundamentally change how you manage provider data, respond to access complaints, and demonstrate regulatory compliance.

Here's what your team needs to execute this year.

Ongoing Operational Requirements

These aren't one-time projects. They're continuous operational workflows that need to be built into your systems.

Appointment Wait Time Standards

Your network must meet strict appointment availability thresholds under NY's behavioral health access standards:

  • 10 business days for initial appointments with outpatient facilities or clinics
  • 10 business days for initial appointments with individual behavioral health professionals
  • 7 calendar days for appointments following a hospital or emergency room discharge

These standards can be met through telehealth unless the member specifically requests an in-person appointment.

Access Complaint Protocol

When a member can't find an in-network provider who meets the wait time standards, you have 3 business days to:

  • Locate an in-network provider that can treat the member's condition
  • Meet the appointment wait time standards
  • Be located within a reasonable distance (if the member requests in-person care)

If no such provider exists, you must approve an out-of-network referral at in-network cost-sharing. The referral stays active until care is no longer medically necessary or until you locate an appropriate in-network provider and can transition care without harm to the member.

Provider Directory Standards and Accuracy Requirements

Your behavioral health provider directory must now include:

  • Provider affiliations with OMH or OASAS-certified facilities
  • Age limits or condition-specific restrictions
  • Level of care offered (inpatient, outpatient, partial hospitalization, intensive outpatient)
  • City/town and zip code
  • Telehealth availability
  • Languages spoken by individual professionals

The directory must be searchable and filterable by behavioral health services provided, conditions treated, level of care, languages spoken, affiliations, and location.

When members or providers report directory errors, you have 15 calendar days to review and correct them. This timeline makes provider directory accuracy a continuous operational priority, not a quarterly cleanup task.

When a member requests a list of providers for a specific behavioral health condition, you have 3 business days to provide it.

Semi-Annual Requirements

By March 1 and September 1 each year, your team must:

  • Review claims activity for the preceding six months
  • Identify behavioral health providers who submitted no claims during that period
  • Confirm their participation status with your MCO
  • Verify whether they're accepting new patients

This claims-based monitoring is separate from your annual directory verification, and it's designed to catch providers who may have stopped seeing patients but remain listed as active in your network.

Annual Requirements

At least once per year, you must verify the accuracy of all information in your provider directory with every behavioral health provider in your network.

The regulation doesn't prescribe the verification method—email, phone, electronic verification, or written confirmation are all acceptable. But the verification must happen, and you must document it.

Your First Annual Certification: December 31, 2026

By the end of this year, you must submit a written certification to the Commissioner, signed by an officer of your MCO, confirming:

  1. You have an access plan that establishes protocols for monitoring and ensuring access to behavioral health services, outlines how provider capacity is determined, and includes procedures for quarterly capacity monitoring and improving access during periods of reduced provider availability. (The plan itself is only submitted upon the Commissioner's request, but it must exist and be ready.)
  2. You have sufficient participating providers to meet the appointment wait time standards. In instances where you don't, you're approving out-of-network referrals as required.
  3. Access complaint data, including:
    • Number of access complaints received
    • How they were resolved
    • Behavioral health services requested
    • Geographic areas where services were requested
    • Number of approved out-of-network referrals
    • Number of referrals you did not approve and the reasons why
  4. You completed the required provider directory verification.

The Operational Reality: Why Provider Data Automation Is Now Infrastructure

Let's be clear about what this means for your team:

If you're still managing provider data with spreadsheets, manual outreach, and quarterly batch updates, you're not equipped for this level of responsiveness.

  • 3-business-day turnarounds on access complaints require real-time provider availability data
  • 15-day error corrections require workflows to capture, route, review, and publish directory updates rapidly
  • Semi-annual claims reviews across potentially thousands of behavioral health providers require automated flagging and tracking
  • Annual certifications require audit trails, documentation systems, and the ability to prove compliance across multiple operational areas

This isn't a compliance project. It's an operational transformation.

Health plans that treat provider data automation as a "nice to have" efficiency play are missing the point. Under 10 NYCRR Subpart 98-5, accurate provider directories with real-time availability tracking are regulatory infrastructure.

Hidden Complexity: Network Adequacy Meets Member Access

New York's behavioral health access standards create an interesting compliance challenge: you can have technically adequate network coverage on paper while still failing to meet access requirements in practice.

Network adequacy has traditionally been measured by provider-to-member ratios and geographic distribution. But these new access standards add a layer of operational accountability:

  • Do your contracted providers actually accept new patients?
  • Can members get appointments within the required timeframes?
  • Is your directory accurate enough that members can find available providers without filing access complaints?

The regulation essentially says: your network is only "adequate" if members can actually access it.

This is why MCOs are now treating provider data quality as a compliance risk, not just an operational annoyance.

How Can I Transform Operations to Be Ready?

Leap Orbit's AI-powered provider data automation platform is purpose-built for exactly these requirements:

  • Real-time provider availability tracking so you can respond to access complaints in hours, not days
  • Automated directory monitoring that flags inactive providers, missing data, and potential errors before members or regulators find them
  • Compliance-ready workflows that document verification, track complaint resolution, and prepare audit-ready reports
  • CMS-compliant, NCQA-ready infrastructure that scales across Medicare Advantage, Medicaid, and commercial lines of business

We've built our platform to solve the messy, high-stakes operational problems that regulations like this create, because we know that compliance failures aren't just about fines. They're about members who can't access care when they need it most.

Ready to see how provider data automation changes your compliance posture?

Learn more at www.leaporbit.com or reach out to our team to discuss your 2026 compliance roadmap.

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