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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-A. MENTAL HEALTH |
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Chapter 22-A34. MENTAL HEALTH REHABILITATION SERVICES PROVIDER CERTIFICATION STANDARDS |
Section 22-A3401. MHRS PROVIDER CERTIFICATION PROCESS
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3401.1Each applicant seeking certification as an MHRS provider shall submit a certification application to DMH. A DMH-certified MHRS provider seeking renewal of certification shall submit a certification application at least ninety (90) days prior to the termination of its current certification. The certification of an MHRS provider that has submitted a timely application for renewal certification shall continue until DMH takes action to renew or deny renewal of certification.
3401.2Upon receipt of a certification application, DMH shall review the certification application to determine if it is complete. If a certification application is incomplete, DMH shall return the incomplete certification application to the applicant. An incomplete certification application shall not be regarded as a certification application, and return of the incomplete certification application and DMH's failure to take further action to issue certification to the applicant shall not constitute denial of an application for certification or renewal of certification.
3401.3Following DMH's acceptance of the certification application, DMH shall determine whether the applicant's services and activities meet the certification standards described in this Chapter. DMH shall schedule and conduct an on-site survey of the applicant's services to determine whether the applicant satisfies all the certification standards.
3401.4The Department may conduct an on-site survey at the time of certification application or certification renewal, or at any other time during the period of certification with appropriate notice.
3401.5 During an on-site survey, the Department shall have access to all records necessary to verify compliance with certification standards, and may conduct interviews with staff, others in the community, and consumers with consumer permission.
3401.6 An applicant or certified MHRS provider that fails to comply with the certification standards or its Human Care Agreement, or is in non-compliance with federal or District law, shall receive a Corrective Measures Plan (CMP) from the Department. The CMP shall describe the areas of non-compliance, suggest actions needed to bring operations into compliance, and set forth a timeframe for the provider’s submission of a written Corrective Action Plan (CAP). The issuance of a CMP is a separate process from the issuance of a Notice of Infraction under 16 DCMR Chapter 35. The Department is not required to utilize the CMP process and may proceed directly to decertification under Section 3426 when, in the Department’s discretion, the nature of the violations present a threat to the health or safety of consumers.
3401.7 An applicant or certified MHRS provider's CAP shall describe the actions to be taken and specify a timeframe for correcting the areas of non-compliance. The CAP shall be submitted to DBH within ten (10) working days after receipt of the CMP from DBH.
3401.8DMH shall notify the applicant or DMH-certified MHRS provider whether the provider's CAP is accepted within five (5) working days after receipt.
3401.9DMH shall issue certification after DMH verifies that the applicant or DMH-certified MHRS provider has complied with its CAP and meets all the certification standards.
3401.10If a DMH-certified MHRS provider adds an MHRS service during the term of certification, the MHRS provider shall submit a certification application describing the service. Upon determination by DMH that the service is in compliance with certification standards, DMH shall certify the MHRS provider to provide that service.
3401.11 Certification as an MHRS provider shall be for one (1) calendar year for new applicants, and two (2) calendar years for existing providers seeking renewal. Certification shall start from the date of issuance of certification by the Department, subject to the MHRS provider's continuous compliance with these certification standards. Certification shall remain in effect until it expires, is renewed, or is revoked pursuant to Section 3426. The Certification shall specify the effective date of the certification, whether the MHRS provider is certified as a CSA, sub-provider, or specialty provider, and the types of services the MHRS provider is certified to provide.
3401.12Certification is not transferable to any other organization.
3401.13The MHRS provider shall notify DMH immediately of any changes in its operation that affect the MHRS provider's continued compliance with these certification standards, including changes in ownership or control, changes in service and changes in its affiliation and referral arrangements.
3401.14The Director may deny certification if the applicant fails to comply with any certification standard. The Director may revoke certification of an MHRS provider through the decertification process in accordance with Section 3426 of this chapter.
3401.15Certification shall be considered terminated and invalid if the MHRS provider fails to apply for renewal of certification prior to the expiration date of the certification, voluntarily relinquishes certification, or goes out of business.
3401.16Nothing in these rules shall be interpreted to mean that certification is a right or an entitlement. Certification as an MHRS provider depends upon the Director’s assessment of the need for additional providers(s) and availability of funds.
3401.17 In addition to utilizing the CMP process in Subsection 3401.6 during the certification and recertification stage, the Director may utilize the same procedures at any other time to address violations of this chapter, a provider's Human Care Agreement, or a violation of federal or District law. The Department is not required to utilize the CMP process and may proceed directly to decertification under Section 3426 when, in the Director’s discretion, the nature of the violations present a threat to the health or safety of consumers.