Current through Register Vol. 51, No. 19, September 20, 2024
A. Initial
Request for Deemed Status. If a program is approved under Regulation .08 of
this chapter and is accredited under relevant behavioral health care standards
of the Joint Commission on the Accreditation of Health Care Organizations
(JCAHO) or the Rehabilitation Accreditation Commission (CARF), the program
director may request that the Secretary grant the program deemed status by
submitting a written request to the Administration and the CSA at least 90 days
before the expiration of the program's current approval status that includes
the:
(1) Application for deemed
status;
(2) Accreditation body's
full report, including the program's status and any conditions placed on the
program;
(3) Most recent report by
the Department's designated approval unit; and
(4) Program improvement plans, if any,
required by the accreditation body or the Department's designated approval
unit.
B. Request for
Renewal of Deemed Status. The program may request that the Secretary renew the
program's deemed status by submitting a written request to the Administration
at least 60 calendar days before the expiration of the program's current deemed
status that includes the:
(1) Application for
deemed status renewal;
(2) Most
recent accreditation body's full report, including the program's status and any
conditions placed on the program;
(3) Program improvement plan, if any,
required by the accreditation body; and
(4) Documentation of verification from the
CSA or lead CSA, of program compliance with the conditions, if any, outlined
under §D(1)(b) of this regulation.
C. Evaluation of Request for Initial Deemed
Status or Renewal of Deemed Status. Within 60 calendar days of receipt of the
request under §A or B of this regulation:
(1) The Administration, in consultation with
the CSA or lead CSA, and the Department's designated approval unit:
(a) Shall evaluate the request for deemed
status;
(b) May meet with the
program director; and
(c) May
arrange for an on-site evaluation; and
(2) The Director shall recommend to the
Secretary a decision regarding deemed status, based on:
(a) Comparison of the standards used by the
accreditation body with the chapter under this subtitle that outlines the
requirements for the specific program; and
(b) The results of an on-site evaluation, if
any.
D.
Decision Regarding Deemed Status. Based on the evaluation of the request for
deemed status conducted under §C of this regulation, the Secretary shall:
(1) Decide whether to:
(a) Approve deemed status;
(b) Approve deemed status with conditions,
which may include evaluation by the Department's designated approval unit;
or
(c) Propose to deny approval of
deemed status; and
(2)
Send notice of the decision to the:
(a)
Department's designated approval unit;
(b) Program director;
(c) Administration; and
(d) CSA or lead CSA.
E. Denial of Deemed Status.
(1) If the Secretary proposes to deny
approval of deemed status, the Secretary shall give written notice of the
proposed denial to the:
(a) Department's
designated approval unit;
(b)
Program director;
(c)
Administration; and
(d) CSA or lead
CSA.
(2) In the notice
under §E(1) of this regulation, the Secretary shall include:
(a) The date that the Secretary proposes to
deny approval of deemed status; and
(b) The facts that warrant the proposed
denial of deemed status.
(3) Upon receipt of the notice under
§E(2) of this regulation, the program director may:
(a) Withdraw the request for deemed status;
and
(b) Request an on-site review
for approval by the Department's designated approval unit.
(4) If the program director does not take the
action under §E(3) of this regulation and if, after notice and opportunity
to be heard, the Secretary denies approval of deemed status, the Director shall
notify the program director that, unless the program elects not to seek
approval, the Department's designated approval unit shall conduct an on-site
review for the purpose of granting or denying approval under Regulation .08 or
.12 of this chapter.
