Current through Register Vol. 49, No. 9, September, 2024
1.
Purpose.
This policy implements Ark. Code Ann.
§
20-48-105,
as amended by Act 645 of 2007.
2.
Scope.
This policy applies to all
Division of Developmental Disabilities Services ("DDS" or "division") staff
charged with implementation of licensure requirements, and to DDS licensed
community based providers of nonresidential services covered under the Arkansas
DDTCS program to individuals who have a developmental disability. This policy
does not apply to DDS Waiver Services or Early Intervention Services.
3.
Definitions.
A.
Existing Provider:
1) A DDS licensed nonprofit community program
that offers nonresidential services covered under the Arkansas DDTCS program at
an approved site within the county in question, or;
2) A DDS licensed nonprofit community program
that does not have an approved site in a county but provides developmental
disabilities services covered under the Arkansas DDTCS program to 10 or more
individuals who reside in that county.
B.
Underserved: A county is
underserved if:
1) There is no DDS licensed
provider operating a site offering Adult Development or Preschool
community-based, nonresidential services covered by the Arkansas DDTCS program
in the county.
2) There is at
least one site operated by a DDS licensed provider in the county, but a service
covered under the DDTCS program is unavailable to an eligible recipient at an
existing site in that county.
3)
There is at least one site operated by a DDS licensed provider in the county,
but a parent, guardian, recipient, or prospective eligible individual who has
exhausted the grievance mediation procedure set forth in section 5 of this
policy remains dissatisfied and desires another choice of providers of DDTCS
covered services in that county.
4.
Existing Provider
Expansion:
Existing providers having no approved site
within the county may purchase, construct, or lease a site in the county
subject to DDS site approval. Approval is limited to providers that serve at
least 10 eligible, enrolled, and participating residents of that county in one
category of service, either adult development or preschool services, covered
under the Arkansas DDTCS program.
5.
Dissatisfied Parent,
Guardian, Recipient, or Prospective Eligible Individual Grievance Mediation
Procedure.
If a parent, guardian, recipient, or prospective
eligible individual provides DDS with a written statement of dissatisfaction
with an eligible individual's current service provider, and asserts that other
providers in the recipient's county of residence cannot meet his or her needs,
DDS will schedule mediation between authorized representatives of the parties
as soon as practicable but no later than 45 days from the date of receipt of
the statement of dissatisfaction.
A. Every
parent, guardian, recipient will be provided notice by their chosen provider of
available service options and grievance procedures, including DDS contact
information regarding grievances in compliance with DDS licensure
standards.
B. If DDS receives an
allegation that the statement of dissatisfaction was solicited in violation of
DDS licensure policy, DDS shall investigate the allegation. The individual or
organization making the allegation shall provide DDS with all documents,
supporting materials, and other relevant information which form the basis of
the allegation within ten (10) business days.
C. If the mediation fails to resolve the
grievance, and parent, guardian, recipient, or prospective eligible individual
desires another choice of provider, DDS shall declare the county underserved as
defined in section 3(B)(3) of this policy.
D. The purpose of the mediation process is to
provide a mechanism to resolve a legitimate grievance brought by a parent,
guardian, recipient, or prospective eligible individual, and is subject to the
following provisions:
(i) The grievance
mediation procedure is intended to resolve disputes related to dissatisfaction
with the quality or quantity of services provided or available.
(ii) In the exercise of its discretion, if
DDS determines that a statement of dissatisfaction is wholly unrelated to the
quality or quantity of services provided or available, the division may decline
to schedule the mediation.
(iii) In
the exercise of its discretion, if DDS determines that a statement of
dissatisfaction is wholly unrelated to the quality or quantity of services
provided or available, the division shall not declare the recipient's county of
residence as underserved as defined in section 3(B)(3).
6.
General
Provisions.
DDS may authorize the expansion of the number
of developmental disabilities service provider's sites in a specific county if
it determines the county as underserved. Following such a determination, DDS
will apply the following procedures:
A. DDS
will send written notice that a county is underserved to all qualified
nonprofit community program as defined in Ark. Code Ann. §
20-48-101(6)(A)
that are existing providers in the underserved county. The notified providers
shall have 30 days from receipt of notice to state in writing to DDS whether
they wish to alter their operations to eliminate the reason or reasons the
county is underserved.
1) Any provider
stating an intention to alter its operations must accomplish the alteration
within 90 days from the date it receives notification from DDS that the county
is underserved.
2) The 90 day
period may be extended by DDS if the provider demonstrates in writing to the
division that there is good cause for the delay. In no event shall an aggregate
of 180 days be exceeded unless substantial progress has been made towards
meeting site approval requirements. DDS shall consider the following: Whether a
lease has been secured or construction commenced; whether staff has been
recruited or hired for employment.
3) If no existing provider of a qualified
nonprofit community program states an intention to alter its services, or if a
provider expresses an intention to alter its services but fails to accomplish
the alteration before deadlines stated above DDS shall proceed to the following
step.
B. DDS shall send
written notice that the county is underserved to all qualified nonprofit
community programs, as defined in Ark. Code Ann. §
20-48-101(6)(A),
having one or more approved sites within the State of Arkansas. The notified
providers shall have 30 days from receipt of notice to state in writing to DDS
whether they wish to expand operations to eliminate the reason or reasons that
the county is underserved.
1) Any provider
stating an intention to alter its operations must accomplish the alteration
within 90 days from the date it receives notification from DDS that the county
is underserved.
2) The 90 day
period may be extended by DDS if the provider demonstrates in writing to the
division that there is good cause for the delay. In no event shall an aggregate
of 180 days be exceeded unless substantial progress has been made towards
meeting site approval requirements. DDS shall consider the following: Whether a
lease has been secured or construction commenced; whether staff has been
recruited or hired for employment.
3) If no existing provider of a qualified
nonprofit community program states an intention to alter its services, or if a
provider expresses an intention to alter its services but fails to accomplish
the alteration before deadlines stated above DDS shall proceed to the following
step.
C. DDS will
publish notice to the general public in statewide print media that the agency
is accepting applications from any accredited nonprofit entity, as defined in
Ark. Code Ann. §
20-48-101(1)
(A), that does business in the underserved
county. Any such entity shall have 30 days from the date of publication to
state in writing that it desires to obtain a license and offer the services in
question.
1) Any accredited nonprofit entity
that states in writing an intention to begin providing services under this
section shall have 90 days from the date it received notification from DDS to
obtain a license from DDS and begin provision of the services in
question.
2) The 90 day period may
be extended by DDS if the provider demonstrates in writing to the division that
there is good cause for the delay. In no event shall an aggregate of 180 days
be exceeded unless substantial progress has been made towards meeting site
approval requirements. DDS shall consider the following: Whether a lease has
been secured or construction commenced; whether staff has been recruited or
hired for employment.
3) If no
in-state accredited nonprofit entity indicates a desire to apply for a DDS
license, or if such an organization fails to obtain a license and begin
providing services prior to the deadline, DDS will accept applications from
accredited nonprofit organization from outside the State of Arkansas.
7.
Limitation:
Existing providers who are on a
regular with requirements; temporary, or provisional licensure status with DDS,
or are excluded under DHS Policy 1088 may not file any notice or application to
expand under this policy.
