Mississippi Administrative Code
Title 24 - Mental Health
Part 2 - Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Use Community Service Providers
Chapter 5 - Waivers
Rule 24-2-5.1 - Waivers of DMH Standards

Universal Citation: MS Code of Rules 24-2-5.1

Current through September 24, 2024

A. A waiver of a specific standard may only be requested, by a DMH fully certified provider, and granted for a maximum of one (1) year that has an expected outcome to be in compliance with the current Operational Standards, determined on a case-by-case basis by DMH, in accordance with the following procedures in this as specifically outlined in Rule 5.1.B.

B. To request a waiver of a specific standard, the agency provider's Executive Director must make a written request to the Division of Certification. The request must:

1. List the standard(s) for which a waiver is being requested;

2. Describe, in detail, all operational systems, personnel, etc., which function to meet the intent or objective of the standard;

3. Provide justification that the waiver of the standard, if approved, will not diminish the quality of service and not place anyone, within the population served, in potential harm;

4. Designate individual service location(s) for which the waiver is requested;

5. Specify the length of time for which the waiver is requested, not to exceed one (1) year; and,

6. Identify that the expected outcome is to meet and be in compliance with the current Operational Standard of which the waiver is being requested.

C. DMH personnel, as appropriate, will review the waiver request and will approve or deny the request.

D. The Executive Director of the agency provider making the request will be notified of the decision within thirty (30) days of receipt of the request. Should DMH request additional information to make a determination regarding the waiver request, DMH has thirty (30) days from the date the requested information is received to make a determination and notify the Executive Director of the agency provider of the decision.

E. Should the requested information not be provided to DMH, Division of Certification within thirty (30) days of the date DMH requests additional information needed to make a determination regarding a waiver request, the waiver request will be considered void. The agency provider requesting the waiver will be required to resubmit the request. Voided waiver requests will not be kept on file.

F. Appeal of the denial of requests for waivers must be in accordance with Chapter 6 -Appeals.

G. Waivers granted by DMH serve only to waive a DMH Operational Standard.

H. Unless specifically stated in the approval letter for a waiver of a DMH Operational Standard, approved waivers are only effective for one (1) year from the date of the approval letter.

Section 41-4-7 of the Mississippi Code, 1972, as Amended

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.