914630 To ensure that providers of community based intervention (CBI) services for children and youth do not bill for counseling services on the same day as CBI services.
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DEPARTMENT OF MENTAL HEALTH
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Mental Health (Department), pursuant to the authority set forth in sections 104 and 105 of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1131.04 and 7-1131.05), hereby gives notice of the adoption on an emergency basis of an amendment to chapter 34 (Mental Health Rehabilitation Services Provider Certification Standards) of subtitle A (Mental Health) of title 22 (Health) of the District of Columbia Municipal Regulations (DCMR).
The purpose of this amendment is to ensure that providers of community based intervention (CBI) services for children and youth do not bill for counseling services on the same day as CBI services. Billing for both services on the same day is in violation of the District of Columbia Medicaid State Plan Amendment. This amendment will ensure the regulations are in compliance with the law.
Issuance of these rules on an emergency basis is necessary to ensure the regulations comply with the controlling law. Promulgation of this amendment is expected to allow Medicaid funding to assist in the provision of these services, without which fewer people could benefit. Emergency action is necessary for the immediate preservation of the health, welfare, and safety of children, youth, and adults with mental illness in need of mental health services.
The emergency rulemaking was adopted and became effective on March 17, 2011, and will remain in effect for one hundred twenty (120) days or until July 14, 2011 unless superseded by publication of another rulemaking notice in the D.C. Register.
The Director also gives notice of intent to take final rulemaking action to adopt the proposed rules in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Chapter 34, MENTAL HEALTH REHABILITATION SERVICES PROVIDER CERTIFICATION STANDARDS, of subtitle A, MENTAL HEALTH, of title 22 is amended as follows:
Section 3422 (Community-Based Intervention), subsection 3422.53 is amended to read as follows:
3422.53 CBI shall not be billed on the same day as Counseling.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Suzanne Fenzel, Department of Mental Health, 64 New York Avenue, N.E., Fourth Floor, Washington, D.C. 20002 or Suzanne.Fenzel@dc.gov. Additional copies of these rules are available from the Office of the General Counsel, Department of Mental Health.
