Section 22-A3410. MHRS PROVIDER QUALIFICATIONS--GENERAL  


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    3410.1Each MHRS provider shall be established as a legally recognized entity in the United States and qualified to conduct business in the District. A certificate of good standing issued by the District of Columbia Department of Consumer and Regulatory Affairs shall be evidence of qualification to conduct business.

     

    3410.2Each MHRS provider shall maintain the clinical operations policies and procedures described in this section which shall be reviewed and approved by DMH, during the certification survey process.

     

    3410.3Each MHRS provider shall:

     

    (a)Have a governing authority, which shall have overall responsibility for the functioning of the MHRS provider;

     

    (b)Comply with all applicable federal and District laws and regulations;

     

    (c)Hire personnel with the qualifications necessary to provide MHRS and to meet the needs of its enrolled consumers;

     

    (d)Ensure that qualified practitioners, listed in § 3413, are available to provide appropriate and adequate supervision of all clinical activities; and

     

    (e)Employ qualified practitioners that meet all professional requirements as defined by the District's licensing laws and regulations relating to the profession of the qualified practitioner.

     

    3410.4Each MHRS provider shall establish and adhere to policies and procedures for selecting and hiring staff (Staff Selection Policy), including, but not limited to requiring:

     

    (a)Evidence of licensure, certification or registration as applicable and as required by the job being performed;

     

    (b)For unlicensed staff, evidence of completion of an appropriate degree, training program, or credentials, such as academic transcripts or a copy of degree;

     

    (c)Appropriate reference and background checks as required by federal and District of Columbia law, including ensuring on an on-going basis that no individual is excluded from participation in a federal health care program as found on the Department of Health and Human Services List of Excluded Individuals/Entities (http://oig.hhs.gov/fraud/exclusion.asp) or the General Services Administration Excluded Parties List System (http://www.wpls.gov);

     

    (d)Evidence of completion of all communicable disease testing required by District laws and regulations, including a Tuberculin skin test or a chest x-ray;

     

    (e)A process by which all staff, as a condition of hiring, shall:

     

    (1)Declare any past events that might raise liability or risk management concerns, such as malpractice actions, insurance cancellations, criminal convictions, Medicare/Medicaid sanctions, and ethical violations;

     

    (2)Indicate whether they are presently using illegal drugs; and

     

    (3)Attest that they are capable of performing the essential functions of their jobs, with or without accommodation; and

     

    (f)A mechanism for ongoing monitoring of staff licensure, certification, or registration, such as an annual confirmation process concurrent with staff performance evaluations that includes repeats of screening checks outlined above as appropriate.

     

    3410.5Each MHRS provider shall establish and adhere to written job descriptions for all positions, including, at a minimum, the role, responsibilities, reporting relationships, and minimum qualifications for each position. The minimum qualifications for each position shall be appropriate for the scope of responsibility and clinical practice described for each position.

     

    3410.6Each MHRS provider shall establish and adhere to policies and procedures requiring a periodic evaluation of clinical and administrative staff performance (Performance Review Policy) that require an assessment of clinical competence, as well as general organizational work requirements, and an assessment of key functions as described in the job description.

     

    3410.7Each MHRS provider shall establish and adhere to policies and procedures to ensure that clinical staff are licensed and to the extent required by applicable District laws and regulations, work under the supervision of a qualified practitioner (Supervision and Peer Review Policy). The Supervision and Peer Review Policy shall:

     

    (a)Include procedures for clinical supervision, which require sufficient clinical supervision conducted by qualified practitioners;

     

    (b)Require personnel files of non-licensed clinical staff and consumer clinical records to contain evidence that the Supervision and Peer Review Policy is observed; and

     

    (c)Include an active peer review process to monitor quality of care delivered by qualified practitioners and credentialed staff.

     

    3410.8Each MHRS provider shall establish and adhere to policies and procedures governing the credentialing or privileging of staff (Credentialing Policy) consistent with DMH rules on privileging and competency-based credentialing systems. The Credentialing Policy shall:

     

    (a)Allow staff who do not possess college degrees to be credentialed for direct service work, based on educational equivalent qualifications which include experience that provides an individual with an understanding of mental illness and which was acquired as an adult through personal experience with the mental health treatment system and recovery or through the provision of significant supports to adults with mental illness or children and youth with mental health problems and with serious emotional disturbance;

     

    (b)Facilitate the employment of persons in recovery as peer counselors and members of community support teams; and

     

    (c)Include an assessment of qualified practitioners' cultural competence.

     

    3410.9Each MHRS provider shall provide training to all staff, including all qualified practitioners (both those employed and those under contract to the MHRS provider), as orientation to MHRS (Staff Orientation Training) during the first three (3) months of employment and on an ongoing basis. The Staff Orientation Training curriculum shall address the following:

     

    (a)Mental illnesses and evidence-based clinical interventions;

     

    (b)Consumer rights;

     

    (c)Declaration of advance instructions for mental health treatment, durable power of attorney for health care, and advance directives;

     

    (d)Definitions and types of abuse and neglect and the MHRS provider's policies on investigating allegations of abuse and neglect;

     

    (e)Recovery model, psychiatric rehabilitation, consumer and family empowerment, and self-help or peer support;

     

    (f)Knowledge of medication, its benefits, and side effects;

     

    (g)Child-centered, family-focused, and multi-system service delivery;

     

    (h)Communication skills;

     

    (i)Integrated treatment for co-occurring psychiatric and addictive disorders;

     

    (j)Behavior management;

     

    (k)Handling emergency situations;

     

    (l)Recordkeeping and clinical documentation standards;

     

    (m)Confidentiality;

     

    (n)DMH Consumer Enrollment and Referral System;

     

    (o)MHRS provider's policies and procedures;

     

    (p)Medicaid MHRS requirements, especially those relating to recordkeeping, billing, documentation, and consumer choice; and

     

    (q)Cultural competence and its relationship to treatment outcomes.

     

    3410.10Each MHRS provider shall establish and adhere to an annual training plan for staff to ensure that all staff receive at a minimum, annual training on the following topics (Annual Training Plan):

     

    (a)The subjects covered during Staff Orientation Training;

     

    (b)Infection control guidelines, including compliance with the bloodborne pathogens standard, communicable diseases and universal precautions;

     

    (c)Safety and risk management; and

     

    (d)The MHRS provider's Disaster Evacuation Plan.

     

    3410.11Each MHRS provider shall establish and adhere to policies and procedures defining preadmission, intake, screening, referral, transfer, and discharge procedures (Admission, Transfer, and Discharge Policy) that comply with applicable federal and District laws and regulations.

     

    3410.12 Each MHRS provider shall establish and adhere to policies and procedures governing the coordination of the treatment planning process (Treatment Planning Policy), including procedures for designing, implementing, reviewing, and revising each consumer’s IRP/IPC that comply with the requirements of Sections  3407, 3408, and 3409.

     

    3410.13Each MHRS provider shall establish and adhere to policies and procedures requiring that treatment be provided in accordance with the service specific standards in § 3414, § 3415, § 3416, § 3417, § 3418, § 3419, § 3420, § 3421 and § 3422 (Service Specific Policy). The Service Specific Policy shall:

     

    (a)Address supervision requirements and required caseload ratios that are appropriate to the population served and treatment modalities employed; and

     

    (b)Include a written description of the services offered by the MHRS provider (Service Description) describing the purpose of the service, the hours of operation, the intended population to be served, treatment modalities provided by the service, treatment objectives, and expected outcomes.

     

    3410.14Each MHRS provider shall establish and adhere to policies and procedures governing communication with the consumer's primary care providers (Primary Care Provider Communication Policy). The Primary Care Provider Communication Policy shall:

     

    (a)Require the MHRS provider to obtain and document authorization from the consumer in the consumer's clinical records before contacting the consumer's primary care providers;

     

    (b)Outline the MHRS provider's interface with primary health care providers, managed health care plans, and other providers of mental health services; and

     

    (c)Describe the MHRS provider's activities which will enhance consumer access to primary health care and the coordination of mental health and primary health care services.

     

    3410.15Each MHRS provider shall establish and adhere to policies and procedures for handling routine, urgent, and emergency situations (Unscheduled Service Access Policy). The Unscheduled Service Access Policy shall:

     

    (a)Include referral procedures to local emergency departments;

     

    (b)Include staff assignment to cover emergency walk-in hours;

     

    (c)Include on-call arrangements for clinical staff and physicians that provide for both:

     

    (1)Direct telephone access to a qualified practitioner, for the consumer, including an employee of an emergency services provider selected by the consumer or other person acting on behalf of the consumer making contact with the MHRS provider; and

     

    (2)Timely access to face-to-face crisis support services;

     

    (d)Specify how the MHRS provider will interact and coordinate services with the DMH-designated crisis and emergency service; and

     

    (e)Include procedures for triaging consumers who require Crisis/Emergency services or psychiatric hospitalization.

     

    3410.16Each MHRS provider shall establish and adhere to policies and procedures for clinical record documentation, security, and confidentiality of consumer and family information, clinical records retention, maintenance, purging and destruction, and for disclosure of consumer and family information, and informed consent that comply with applicable federal and District laws and regulations (Clinical Records Policy). The Clinical Records Policy shall:

     

    (a)Require the MHRS provider to maintain all clinical records in a secured and locked storage area;

     

    (b)Require the MHRS provider to maintain and secure a current, clear, organized, and comprehensive clinical record for every individual assessed, treated, or served which includes information deemed necessary to provide treatment, protect the MHRS provider, or comply with applicable federal and District laws and regulations; and

     

    (c)Require that the clinical record contain information to identify the consumer, support the diagnosis, justify the treatment, document the course and results of treatment, and facilitate continuity of care. The clinical record shall include, at a minimum:

     

    (1)Consumer identification information, including enrollment information;

     

    (2)Identification of a person to be contacted in the event of emergency;

     

    (3)Basic screening and intake information;

     

    (4)Documentation of internal or external referrals;

     

    (5)Comprehensive diagnostic and psychosocial assessments;

     

    (6)Pertinent medical information including the name, address, and telephone number of the consumer's primary care physician and the name and address of the consumer's preferred hospital;

     

    (7)Advance instructions and advance directives;

     

    (8) The IRP/IPC;

     

    (9)For children and youth, documentation of family involvement in treatment planning and services or statement of reasons why it is not clinically indicated;

     

    (10)Methods for addressing consumers' and families' special needs, especially those which relate to communication, cultural, and social factors;

     

    (11)Detailed description of services provided;

     

    (12)Progress notes;

     

    (13)Discharge planning information;

     

    (14)Appropriate consents for service;

     

    (15)Appropriate release of information forms; and

     

    (16)Signed Consumer Rights Statement.

     

    3410.17Each provider shall comply with the Department’s policy on supervision, including requirements for the documentation of supervision. 

     

    3410.18Each MHRS provider shall develop and maintain sufficient written clinical documentation to support each therapy, service, activity, or session for which billing is made which, at a minimum, consists of:

     

    (a)The specific service type rendered;

     

    (b)The date, duration, and actual time, a.m. or p.m. (beginning and ending), during which the services were rendered;

     

    (c)Name, title, and credentials of the person providing the services;

     

    (d)The setting in which the services were rendered;

     

    (e)Confirmation that the services delivered are contained in the consumer's IRP/IPC;

     

    (f)A description of each encounter or service by a qualified practitioner or credentialed staff with the consumer which is sufficient to document that the service was provided in accordance with this chapter; and

     

    (g)Dated and authenticated entries, with their authors identified, which are legible and concise, including the printed name and the signature of the person rendering the service, diagnosis and clinical impression recorded in the terminology of the ICD-9 CM, and the service provided.

     

    3410.19Each MHRS provider shall ensure that all clinical records of consumers are completed promptly, filed, and retained in accordance with the MHRS provider's Clinical Records Policy.

     

    3410.20MHRS providers shall make MHRS available as follows:

     

    MHRS

    HOURS OF OPERATION

    OTHER AVAILABILITY REQUIREMENTS

    Diagnostic/Assessment

    Six (6) days per week

    9:00 am - 6:00 p.m., 3 days per week 9:00 am - 9:00 p.m., 2 days per week 4 hours on Saturday

    CSA shall operate an on- call system for enrolled consumers, twenty-four (24) hours per day, seven (7) days per week.

    Medication/Somatic Treatment

    Six (6) days per week

    9:00 am - 6:00 p.m., 3 days per week 9:00 am - 9:00 p.m., 2 days per week 4 hours on Saturday

    CSA shall operate an on- call system for enrolled consumers, twenty-four (24) hours per day, seven (7) days per week.

    Counseling

    Six (6) days per week

    9:00 am - 6:00 p.m., 3 days per week 9:00 am - 9:00 p.m., 2 days per week 4 hours on Saturday

    CSA shall operate an on- call system for enrolled consumers, twenty-four (24) hours per day, seven (7) days per week.

    Community Support

    Twenty-four (24) hours per day, Seven (7) days per week

    CSA shall operate an on- call system for enrolled consumers, twenty-four (24) hours per day, seven (7) days per week.

    Seventy-five percent (75%) or more of services shall be performed face-to-face. At least fifty percent (50%) of staff time shall be spent working outside the service site(s) with or on behalf of consumers.

    Crisis/Emergency

    Twenty-four (24) hours per day, Seven (7) days per week

    Psychiatric consultation shall be available twenty- four (24) hours per day, seven (7) days per week

    Rehabilitation/Day Services

    Thirty (30) hours per week, no less than six (6) hours per day

    Consumers authorized and referred for service shall be admitted within seven (7) business days of the referral from the CSA.

    Intensive Day Treatment

    Seven (7) days per week, no less than five (5) hours per day

    Programs serving adults shall offer a minimum of forty (40) hours of active programming per week. Programs serving children shall offer a minimum of thirty (30) hours of active programming per week. Consumers authorized and referred for Intensive Day Treatment shall be admitted within forty-eight (48) hours of referral by a CSA.

    Community-Based Intervention (CBI)

    Levels I , II,  III and IV  - Twenty-four (24) hours per day, seven (7) days per week

     

    Consumers authorized and referred for all levels of CBI shall be admitted within forty-eight (48) hours of referral by a CSA.

     

    A CBI Team member shall respond to a call from a family member or a significant other, either by telephone or face- to-face contact, within sixty (60) minutes of receiving the call.

     

    All CBI providers shall develop a crisis intervention plan for each consumer receiving CBI.

     

    Level IV providers shall develop a crisis intervention plan for afterhours response which shall include Mobile Crisis Response Team.

     

    Assertive Community

    Treatment

     

    Twenty-four (24) hours per day, Seven (7) days per week, with emergency response coverage, to include psychiatric availability

    Consumers authorized and referred for ACT shall be admitted within forty-eight (48) hours of referral by a CSA. At least sixty percent (60%) of ACT Services shall be provided in locations other than the office, according to consumer need, preference and clinical appropriateness. An ACT team member shall respond to a call from family or a significant other, either by telephone or face-to-face contact within sixty (60) minutes of receiving the call.

     

    3410.21Each MHRS provider shall establish and adhere to policies and procedures requiring the MHRS provider to make language interpreters available as needed for persons who do not use English as a first language or use a non-primary language for communication (Interpreter Policy). The Interpreter Policy shall:

     

    (a)Prohibit a person acting as a language interpreter from simultaneously functioning as a qualified practitioner, in either individual treatment or treatment planning sessions;

     

    (b)Address the employment of qualified sign language interpreters.

     

    3410.22The Interpreter Policy shall allow staff and contractors who do not possess valid certification from the National Registry of Interpreters for the Deaf to be credentialed based on skills in mental health interpreting gained through supervised experience. For purposes of this rule, supervised experience shall include supervision by an interpreter certified by the National Registry of Interpreters for the Deaf and ongoing training in sign language interpreting, preferably related to mental health, and may include on-the-job learning prior to employment by the MHRS provider.

     

    3410.23Each MHRS provider shall utilize a TTY communications line (or an equivalent) to enhance the MHRS provider's ability to respond to service requests and needs of consumers and potential consumers. MHRS provider staff shall be trained in the use of such communication devices.

     

    3410.24Each MHRS provider shall establish and adhere to policies and procedures which govern the provision of services in natural settings (Natural Settings Policy). The Natural Settings Policy shall require the MHRS provider to document how it respects consumers' and families' right to privacy and confidentiality when services are provided in natural settings.

     

    3410.25Each MHRS provider shall establish and adhere to policies and procedures and an in-service training program for all staff regarding sensitivity to cultural issues, increasing cultural competence of all staff, and treating consumers with dignity and respect, addressing the following areas: beliefs, values, tradition, lifestyle practices, laws and regulations, formal and informal rules of behavior, spirituality, poverty, powerlessness, patienthood and disability (Cultural Competence Policy). Personnel files of all staff shall contain documentation that, at a minimum, eight (8) hours of training is completed annually, and that the training follows DMH's recommended curriculum for cultural sensitivity. Each MHRS provider shall ensure that services are delivered in a culturally sensitive manner.

     

    3410.26Each MHRS provider shall establish and adhere to anti-discrimination policies and procedures relative to hiring, promotion, and provision of services to consumers that comply with applicable federal and District laws and regulations (Anti-Discrimination Policy).

     

    3410.27Each MHRS provider shall establish and adhere to policies and procedures governing quality improvement (Quality Improvement Policy). The Quality Improvement Policy shall require the MHRS provider to adopt a written Quality Improvement (QI) plan describing the objectives and scope of its QI program and requiring MHRS provider staff, consumer, and family involvement in the QI program. DMH shall review and approve each MHRS provider's QI program. The QI program shall be operational and shall measure and ensure at least the following:

     

    (a)Access and availability of services;

     

    (b)Treatment and prevention of acute and chronic conditions;

     

    (c)High volume services, high risk conditions and services, especially children and youth services;

     

    (d)Coordination of care across behavioral health treatment and primary care treatment settings;

     

    (e)Compliance with all MHRS certification standards;

     

    (f)Adequacy, appropriateness and quality of care;

     

    (g)Efficient utilization of resources; and

     

    (h)Consumer and family satisfaction with services.

     

    3410.28Each MHRS provider shall comply with the following requirements for facilities management:

     

    (a)Each MHRS provider's service site(s) shall be located and designed to provide adequate and appropriate facilities for private, confidential individual and group counseling sessions in consumer interview rooms.

     

    (b)Each MHRS provider's service site(s) shall have appropriate space for group activities and educational programs.

     

    (c)All areas of the MHRS provider's service site(s) shall be kept clean and safe, and shall be appropriately equipped and furnished for the services delivered.

     

    (d)In-office waiting time shall be less than one (1) hour from the scheduled appointment time. Each MHRS provider shall demonstrate that it can document the time period for in-office waiting.

     

    (e)Each MHRS provider shall comply with applicable provisions of the Americans with Disabilities Act in all business locations.

     

    (f)Each MHRS provider's main service site shall be located within reasonable walking distance of public transportation.

     

    (g)Each MHRS provider shall establish and adhere to a written evacuation plan to be used in fire, natural disaster, medical emergencies, bomb threats, terrorist attacks, violence in the work place, or other disaster for all service sites (Disaster Evacuation Plan).

     

    (h)The Disaster Evacuation Plan shall require the MHRS provider:

     

    (1)To conduct periodic disaster evacuation drills;

     

    (2)Ensure that all evacuation routes are clearly marked by lighted exit signs; and

     

    (3)Ensure that all staff participate in annual training about the Disaster Evacuation Plan and disaster response procedures.

     

    (i)Each MHRS provider shall obtain a written certificate of compliance from the District of Columbia Department of Fire and Emergency Medical Services indicating that all applicable fire and safety code requirements have been satisfied.

     

    (j)Each MHRS provider shall provide physical facilities for all service site(s) which are structurally sound and which meet all applicable federal and District laws and regulations for adequacy of construction, safety, sanitation and health.

     

    (k)Each MHRS provider shall establish and adhere to policies and procedures governing infection control (Infection Control Policy). The Infection Control Policy shall comply with applicable federal and District laws and regulations, including, but not limited to the bloodborne pathogens standard set forth in 29 CFR § 1910.1030.

     

    (l)Each MHRS provider shall establish and adhere to policies and procedures governing the purchasing, receipt, storage, distribution, return, and destruction of medication that include accountability for and security of medications located at any of its service site(s) (Medication Policy). The Medication Policy shall comply with applicable federal and District laws and regulations regarding the purchasing, receipt, storage, distribution, dispensing, return, and destruction of medications and require the MHRS provider to maintain all medications and prescription blanks in a secured and locked area.

     

    3410.29Each MHRS provider shall have established by-laws or other legal documentation regulating the conduct of its internal financial affairs. This documentation shall clearly identify the individual(s) that are legally responsible for making financial decisions for the MHRS provider and the scope of such decision-making authority. Each MHRS provider shall:

     

    (a)Maintain an accounting system that conforms to generally acceptable accounting principles, provides for adequate internal controls, permits, the development of an annual budget, an audit of all income received and an audit of all expenditures disbursed by the MHRS provider in the provision of services;

     

    (b)Have an internal process that allows for the development of interim and annual financial statements that compares actual income and expenditures with budgeted amounts, accounts receivable, and accounts payable information; and

     

    (c)Operate in accordance with an annual budget established by its governing authority.

     

    3410.30Each MHRS provider shall establish and adhere to policies and procedures governing the retention, maintenance, purging and destruction of its business records (Records Retention Policy). The Records Retention Policy shall:

     

    (a)Comply with applicable federal and District laws and regulations;

     

    (b)Require the MHRS provider to maintain all business records pertaining to costs, payments received and made, and services provided to consumers for a period of six (6) years or until all audits are completed, whichever is longer; and

     

    (c)Require the MHRS provider to allow DMH, DHCF, the District's Inspector General, the United States Department of Health and Human Services, the Comptroller General of the United States or any of their authorized representatives to review the MHRS provider's business records, including clinical and financial records.

     

    3410.31Each MHRS provider shall comply with the following requirements for maintaining certification, provider status, and contracts:

     

    (a)Maintain proof of DMH certification;

     

    (b)Maintain an active Medicaid provider status at all times;

     

    (c)Document referral arrangements in writing, using the DMH-approved affiliation agreement;

     

    (d)Maintain copies of contracts with DMH, vendors, suppliers, and independent contractors; and

     

    (e)Require that its subcontractors continuously comply with the provisions of the MHRS provider's Human Care Agreement with DMH.

     

    3410.32Each MHRS provider, at its expense, shall:

     

    (a)Obtain the minimum insurance coverage required by its Human Care Agreement; and

     

    (b)Make evidence of its insurance coverage available to DMH upon request.

     

    3410.33Each MHRS provider shall establish and adhere to policies and procedures governing billing and payment for MHRS (Billing and Payment Policy). The Billing and Payment Policy shall require the MHRS provider to have the necessary operational capacity to submit claims, document information on services provided, and track payments received. This operational capacity shall include the ability to:

     

    (a)Verify eligibility for Medicaid and other third party payers;

     

    (b)Document MHRS provided (by MHRS provider staff and subcontractors);

     

    (c)Submit claims and documentation of MHRS to DMH on a timely basis; and

     

    (d)Track payments for all MHRS provided to enrolled or referred consumers.

     

    3410.34Each MHRS provider shall submit claims for MHRS provided to enrolled consumers to DMH within ninety (90) days of the date of service, or thirty (30) days after a secondary or third party payer has adjudicated a claim for this service. DMH shall not pay for a claim that is submitted more than one (1) year from the date of service, except when federal law or regulations would require such payment to be made.

     

    3410.35Each MHRS provider shall have an established sliding fee schedule covering each of the MHRS it provides. For services provided to Medicaid-eligible consumers, no additional charge shall be imposed for services beyond that paid by Medicaid.

     

    3410.36Each MHRS provider shall utilize and require its subcontractors to utilize payments from other public or private sources, including Medicare. Payment of DMH and federal funds to the MHRS provider shall be conditional upon the utilization of all benefits from other payment sources.

     

    3410.37 Each MHRS provider shall operate according to all applicable federal and District laws and regulations relating to fraud and abuse in health care, the provision of mental health services, and the Medicaid program. An MHRS provider's failure to report potential or suspected fraud or abuse may result in sanctions, cancellation of contract, or exclusion from participation as an MHRS provider. Each MHRS provider shall:

     

    (a)Cooperate and assist the District and any federal agency charged with the duty of identifying, investigating, or prosecuting suspected fraud and abuse;

     

    (b) Be responsible for promptly reporting suspected fraud and abuse to DMH, taking prompt corrective actions consistent with the terms of any contract or subcontract with DMH, and cooperating with DHCF or other governmental investigations; and

     

    (c) Ensure that none of its practitioners have been excluded from participation as a Medicaid or Medicare provider and, if a practitioner is determined to be excluded by the Center for Medicare and Medicaid Services (CMS), notify DMH immediately.

     

    3410.38Each MHRS provider shall establish and adhere to a plan for ensuring compliance with applicable federal and District laws and regulations (Corporate Compliance Plan), approved by DMH. Each MHRS provider shall submit any updates or modifications to its Corporate Compliance Plan to DMH for prior review and approval. Each MHRS provider's Corporate Compliance Plan shall:

     

    (a)Designate an officer or director with responsibility and authority to implement and oversee the operation of the Corporate Compliance Plan;

     

    (b)Require that all officers, directors, managers, and employees know and understand its provisions;

     

    (c)Include procedures designed to prevent and detect potential or suspected abuse and fraud in the administration and delivery of MHRS;

     

    (d)Include procedures for the confidential reporting of violations of the Corporate Compliance Plan to DMH, including procedures for the investigation and follow-up of any reported violations;

     

    (e)Ensure that the identities of individuals reporting suspected violations of the Corporate Compliance Plan are protected and that individuals reporting suspected violations, fraud, or abuse are not retaliated against; 

     

    (f)Require that confirmed violations of the Corporate Compliance Plan be reported to DMH within twenty-four (24) hours of confirmation; and

     

    (g)Require any confirmed or suspected fraud and abuse under state or federal law or regulation be reported to DMH.

     

    3410.39Each MHRS provider shall ensure that sufficient resources (e.g. personnel, hardware, software) are available to support the operations of computerized systems for collection, analysis, and reporting of information, along with claims submission.

     

    3410.40Each MHRS provider shall have the capability to interact with the DMH contract management system as required by DMH.

     

    3410.41Claims for MHRS shall be submitted using the format required by DMH.

     

    3410.42Each MHRS provider shall manage information in compliance with the confidentiality requirements contained in applicable federal and District laws and regulations.

     

    3410.43Each MHRS provider shall establish and adhere to a plan that contains policies and procedures for maintaining the security of data and information (Disaster Recovery Plan). Each MHRS provider's Disaster Recovery Plan shall also stipulate back-up and redundant systems and measures that are designed to prevent the loss of data and information and to enable the recovery of data and information lost due to disastrous events.

     

     

authority

Sections 5113, 5115, 5117 and 5118 of the Department of Behavioral Health Establishment Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code §§ 7-1141.02, 7-1141.04, 7-1141.06 and 7-1141.07 (2012 Repl. & 2016 Supp.)).

source

Final Rulemaking published at 48 DCR 10297 (November 9, 2001); as amended by Final Rulemaking published at 51 DCR 9308 (October 1, 2004); as amended by Final Rulemaking published at 52 DCR 5682 (June 17, 2005); as amended by Final Rulemaking published at 57 DCR 10392, 10393 (November 5, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 1482 (February 18, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 3476, 3477 (April 22, 2011); as amended by Final Rulemaking published at 58 DCR 8366, 8367 (September 30, 2011); as amended by Final Rulemaking published at 64 DCR 0021 (January 6, 2017)).