Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates terminiology and
eligibility criteria for certification as a Certified Community Behavioral
Health Organization (CCBHO), adds current or former members of the U.S. Armed
Forces as a population of focus, and clarifies requirements for substance use
disorder treatment services, national accreditation and certification,
evidence-based practices, and the fee schedule.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Definitions. The following definitions
apply to terms used in this rule:
(A)
Certified Community Behavioral Health Organization (CCBHO)-an entity certified
by the department to provide CCBHO services within their designated service
area(s). The entity must be a nonprofit organization and an administrative
agent or affiliate provider in Missouri;
(B) Department - the Department of Mental
Health; and
(C) Designated
Collaborating Organization (DCO)-an entity that is not under the direct
supervision of a Certified Community Behavioral Health Organization (CCBHO) but
is engaged in a contractual arrangement with a CCBHO to provide CCBHO services
under the same requirements as the CCBHO.
(2) Regulations. All CCBHOs shall comply with
9 CSR 10-7, 9 CSR 303, and 9 CSR 30-4, as applicable.
(3) Designated Service Areas. Organizations
must be certified by the department to provide CCBHO services in one (1) or
more service areas as established by the department under
9 CSR
30-4.005. The required CCBHO services, as specified in
this rule, must be provided in each designated service area.
(A) Each CCBHO shall develop and maintain
services and supports designed to meet the needs of the populations of focus.
Populations of focus shall include-
1. Adults
with serious mental illness as defined in
9 CSR
30-4.005(6);
2. Children and youth with serious emotional
disturbances as defined in
9 CSR
30-4.005(7);
3. Children, adolescents, and adults with
moderate to severe substance use disorders;
4. Children with behavioral health disorders
who are in state custody;
5.
Individuals involved with law enforcement, the courts, and hospital emergency
rooms who have been identified as in need of community behavioral health
services; and
6. Current or former
members of the U.S. Armed Forces.
(B) Each CCBHO shall regularly assess the
unique socio-demographic factors of their service area(s) and implement
strategies to improve access, quality of care, and reduce health disparities
experienced by relevant cultural and linguistic minorities.
(4) Availability and Accessibility of
Services. Services shall not be denied or limited based on an individual's
ability to pay, place of residence, homelessness, or lack of a permanent
address.
(A) CCBHOs shall provide, at a
minimum, crisis response, evaluation, and stabilization, as needed, for
individuals who present for services but do not reside within the CCBHO's
designated service area(s). Policies and procedures shall specify the CCBHO's
process for managing the ongoing treatment needs of such individuals, such as
linkage to a CCBHO in the service area where the individual currently
lives.
(B) CCBHOs shall provide
outpatient services at times and locations that ensure accessibility and meet
the needs of individuals in the service area, including some evening hours, and
when appropriate and practicable, weekend hours.
(C) CCBHOs shall ensure-
1. No individual in the populations of focus
is denied services including, but not limited to, crisis management because of
an inability to pay for such services; and
2. Any fees or payments required by the CCBHO
for such services shall be reduced as provided by the sliding fee schedule
described in section (13) of this rule in order to enable the CCBHO to fulfill
the assurance described in paragraph (4)(C)1. of this rule.
(D) CCBHOs shall ensure
individuals determined to need specialized behavioral health services beyond
the scope of its program are referred to a qualified provider(s) for necessary
services.
(5)
Certification and National Accreditation. CCBHOs shall maintain national
accreditation and/or department certification as specified below.
(A) Certification/deemed certification from
the department in accordance with 9 CSR 30-3 and 9 CSR 30-4 to provide-
1. American Society of Addiction Medicine
(ASAM) Level 1 Outpatient and Level 1- WM Ambulatory Withdrawal Management
without Extended On-Site Monitoring for adolescents and adults. The ASAM
Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-Occurring
Conditions, 3rd edition (2013), hereby incorporated by reference and made a
part of this rule, is developed by and available from the American Society of
Addiction Medicine, Inc., 11400 Rockville Pike, Suite 200, Rockville, MD 20852,
(301) 656-3920. This rule does not incorporate any subsequent amendments or
additions to this publication; and
2. Community Psychiatric Rehabilitation (CPR)
for children, youth, and adults;
(B) Appropriate accreditation from CARF
International (CARF), The Joint Commission (TJC), Council on Accreditation
(COA), or other accrediting body approved by the department for the following
services:
1. Healthcare home for children,
youth, and adults;
2. Outpatient
mental health and substance use disorder treatment services for children,
youth, and adults;
3. Crisis and
information call center for the provision of a twenty-four- (24-) hour crisis
line for children, youth, and adults with mental health and/or substance use
disorders;
4. Crisis intervention
services for the provision of a twenty-four- (24-) hour mobile crisis team for
children, youth, and adults with mental health and substance use disorders-
A. If the CCBHO contracts with a DCO to
provide crisis intervention services, the DCO must be accredited as specified
above; and
B. The twenty-four-
(24-) hour crisis line and twenty-four- (24-) hour mobile response team shall
also comply with 9 CSR 30-4.195, Access Crisis
Intervention (ACI) program; and
(C) Provisional certification from the
department to provide outpatient mental health treatment and substance use
disorder treatment for children, youth, and adults is acceptable until
accreditation is obtained as specified.
(6) Required Services. CCBHOs shall provide a
comprehensive array of services to create and enhance access, stabilize people
in crisis, and provide the necessary treatment for individuals with the most
serious, complex mental illnesses and substance use disorders.
(A) The following core CCBHO services must be
directly provided by the CCBHO in each designated service area:
1. Crisis mental health services, including a
twenty-four- (24-) hour crisis line and twenty-four- (24-) hour mobile crisis
response team. Crisis mental health services must be available at the CCBHO
during regular business hours and be provided by a Qualified Mental Health
Professional (QMHP). The crisis line and mobile crisis response team services
may be directly provided by the CCBHO or by contract with a department-
approved DCO.
A. If CCBHO staff determine an
in-person intervention is required based on the presentation of an individual,
the intervention must occur within three (3) hours.
B. CCBHO staff shall monitor and have the
capacity to report the length of time from each individual's initial crisis
contact to the in-person intervention and take steps to improve performance, as
necessary;
2. Screening,
assessment, and diagnosis, including risk assessment;
3. Individualized treatment, including risk
assessment and crisis prevention planning;
4. Outpatient mental health
services;
5. Substance use disorder
treatment services including -
A. Individual
and group counseling;
B. Group
rehabilitative support;
C.
Community support;
D. Peer
support;
E. Family
therapy;
F. Medication services to
support medication assisted treatment; and
G. American Society of Addiction Medicine
(ASAM) Level 1 Outpatient and Level 1-WM Ambulatory Withdrawal Management
without Extended On-Site Monitoring as referenced in paragraph (5)(A)1. of this
rule;
6. Outpatient
clinic primary care screening and monitoring of key health indicators and
health risks;
7. Community
support;
8. Psychiatric
rehabilitation services;
9. Peer
support, counseling, and family support services, including peer and family
support services for individuals receiving CPR and/or Comprehensive Substance
Treatment and Rehabilitation (CSTAR) services, consistent with the array of
services and supports specified in the job descriptions of Certified Family
Support Providers and Certified Peer Specialists; and
10. Outpatient mental health services for active
members of the U.S. Armed Forces and veterans.
(B) In addition to the core services, CCBHOs
shall directly provide, contract with a DCO, or have a referral agreement with
an organization that is certified/deemed certified by the department to provide
the following services:
1. General adult,
adolescent, and women and children's CSTAR services;
2. Recovery support services, if services are
available in the CCBHO's designated service area(s);
3. Outreach services to reduce unnecessary
utilization of emergency rooms by the populations of focus, including case
managers to respond to and engage individuals who present at collaborating
emergency rooms, access necessary resources to meet the individual's basic
needs on an emergency basis, and assist individuals in accessing CCBHO services
on an emergency, urgent, and/or routine basis, as needed.
(7) Required Staff.
CCBHOs must maintain adequate staffing to meet the needs of the populations of
focus. Staff may be full- or part-time employees of the CCBHO or contracted by
the CCBHO to provide services.
(A) Required
staff shall include-
1. Medical Director who
is a licensed psychiatrist;
2.
Licensed mental health professionals with expertise and specialized training in
the treatment of trauma-related disorders;
3. Community Behavioral Health Liaison (a
cooperative agreement with a CCBHO that employs a Community Behavioral Health
Liaison is acceptable);
4. Clinical
staff to complete comprehensive assessments, annual assessments, and treatment
plans;
5. Licensed mental health
professionals who have completed training on evidence-based, best, and
promising practices as required by the department;
6. Qualified practitioner(s) to treat opioid
use disorders with narcotic medications approved by the Food and Drug
Administration (FDA). Methadone must be provided by a certified opioid
treatment program;
7. Community
Support Specialists who have completed department-approved wellness
training;
8. Individuals who have
completed department-approved smoking cessation training;
9. Certified Family Support Providers who are
credentialed by the Missouri Credentialing Board; and
10. Certified Peer Specialists who are
credentialed by the Missouri Credentialing Board.
(8) Screening, Assessment, and
Treatment Planning. Unless a specific tool is required by the department, CCBHO
staff shall use standardized and validated screening and assessment tools,
including age-appropriate functional assessments and screening tools, and, when
appropriate, brief motivational interviewing techniques.
(A) At first contact, individuals seeking
CCBHO services shall receive a preliminary screening to determine acuity of
need. Emergency, urgent, or routine service needs shall be identified and
addressed as follows:
1. Individuals who
present with emergency needs shall receive services immediately, including
arrangements for any necessary outpatient follow-up services;
2. Individuals who present with an urgent
need shall receive clinical services and an eligibility determination within
one (1) business day of the time the request was made; and
3. Individuals who present with routine needs
shall receive clinical services and an eligibility determination within ten
(10) days of first contact.
(B) Following the preliminary screening,
qualified staff shall conduct a comprehensive assessment or eligibility
determination. Eligibility determination may be completed to expedite the
admission process. A risk assessment shall be included as part of the
eligibility determination or comprehensive assessment, whichever occurs first,
and shall include-
1. Depression screening
for all adolescents age thirteen (13) to eighteen (18) years of age;
2. Depression screening for all adults age
nineteen (19) and older;
3. Suicide
risk assessment for all adolescents and adults diagnosed with major
depression;
4. Brief health screen,
as specified by the department;
5.
Alcohol use disorder screening; and
6. Substance use disorder screening,
including opioid use disorder.
(C) The comprehensive assessment must be
completed within the first three (3) outpatient visits or within specific
treatment program timelines.
(D)
Results of the comprehensive assessment shall be utilized to develop an initial
treatment plan within sixty (60) days of the individual's first contact with
the CCBHO, unless a shorter time frame is required by a specific treatment
program. The treatment plan shall be developed collaboratively with the
individual served and/or parents/guardian, family members, and other natural
supports, as appropriate.
(E)
Treatment plans shall be reviewed and updated in accordance with specific
program timelines, not to exceed ninety (90) days, to assess the continued need
for services, changes in health status, responses to treatment, and progress
achieved during the past ninety (90) days. A functional assessment may be
utilized as the quarterly treatment plan review/update. The occurrence of a
crisis or significant clinical event may require a further review and
modification of the treatment plan.
1. The
updated treatment plan shall reflect the individual's current strengths, needs,
abilities, and preferences in the goals and objectives that have been
established or continued based on the review. Updates must be documented in the
individual record by one (1) of the following:
A. A progress note which specifies updates
made to the treatment plan; or
B. A
treatment plan review conducted quarterly; or
C. An updated functional assessment score
with a brief narrative.
(F) The initial treatment plan and treatment
plan updates must include the dated signature(s), title(s), and credential(s)
of staff completing the plan. The individual served shall also sign the plan
unless there is a current signed consent to treatment included in the
individual record.
1. CCBHOs shall promote
collaborative treatment planning by providing the individual's primary care
provider (PCP) with relevant assessment, evaluation, and treatment plan
information, seeking all relevant treatment and test results from the PCP, and
inviting the PCP to participate in treatment planning.
(G) The following information shall be
collected and be available for reporting to the department or other entities,
upon request:
1. The number and percentage of
new and established individuals served who were determined to need emergency,
urgent, and routine care;
2. The
number and percentage of new and established individuals with urgent needs who
began receiving needed clinical services within one (1) business day;
3. The number and percentage of new and
established individuals with routine needs who began receiving needed clinical
services within ten (10) business days; and
4. The mean number of days from first contact
to completion of the comprehensive assessment/ eligibility determination and
initial treatment plan for individuals served.
(9) Consent to Treatment. Each individual
served or a parent/guardian must provide informed, written consent to
treatment.
(A) A copy of the consent form,
which must include the date of consent and signature of the individual served
or a parent/guardian, shall be retained in the individual record.
(B) Consent to treat shall be updated
annually, including the date of consent and signature of the individual served
or a parent/guardian, and be maintained in the individual record.
(10) Services for Members of the
U.S. Armed Forces and Veterans. CCBHOs must determine whether all individuals
seeking service are current or former members of the U.S Armed Forces.
(A) CCBHOs shall refer Active Duty and
activated Reserve Component service members to their Military Treatment
Facility or TRICARE PRIME Remote Primary Care Manager for referral to
services.
(B) Selective Reserve
service members not on active duty, who are enrolled in TRICARE Reserve Select,
shall be referred to a TRICARE Reserve Select provider.
(C) If an individual is a veteran not
currently enrolled in the Veterans Health Administration (VHA), CCBHO staff
must offer to assist them in enrolling in the VHA.
(11) Withdrawal Management. CCBHOs must
ensure individuals have access to appropriate withdrawal management services
twenty-four (24) hours per day, seven (7) days per week as follows:
(A) Each CCBHO shall directly provide ASAM
Level 1-Withdrawal Management (WM) services as referenced in paragraph (5)
(A)1. of this rule;
(B) Each CCBHO
that is certified/deemed certified by the department shall directly provide the
following services or have a documented referral relationship with an
organization that is certified/deemed certified by the department to provide-
1. ASAM Level 2-WM with and without Extended
On-Site Monitoring;
2. ASAM
Level-3.2 Clinically Managed Residential Withdrawal Management, commonly
referred to as social setting detoxification services; and
3. ASAM Level 3.7 Medically Monitored
Inpatient Withdrawal Management, commonly referred to as modified medical
detoxification services.
(12) Care Coordination. CCBHOs shall actively pursue
and promote collaborative working relationships with the broad array of
community organizations and providers that deliver services and supports for
individuals receiving services from the CCBHO.
(A) Consistent with requirements of privacy,
confidentiality, and individual preference and need, CCBHO staff shall assist
individuals and families of children and youth who are referred to external
providers or resources in obtaining an appointment and confirming the
appointment was kept.
(B) Nothing
about a CCBHO's agreements for care coordination shall limit an individual's
freedom of choice of provider(s) with the CCBHO or its DCOs.
(C) CCBHO policies and procedures shall
promote and describe its care coordination roles and responsibilities, and
whenever possible, the development of formal agreements with community
organizations and providers that document mutual care coordination roles and
responsibilities, with particular attention to emergency room, hospital, and
residential treatment admissions and discharges. CCBHO policies and procedures
shall ensure reasonable attempts are made and documented to-
1. Track admissions and discharges of
non-Medicaid eligible individuals to and from a variety of settings, and to
provide transitions to safe community settings; and
2. Follow up with individuals served within
twenty-four (24) hours following hospital discharge.
(D) CCBHOs shall utilize Missouri Behavioral
Health Connect (MOConnect), the designated platform to identify, unify, and
track behavioral health treatment resources.
(E) For all individuals in the populations of focus,
CCBHO staff shall inquire whether they have a PCP, assist individuals who do
not have a PCP to acquire one, and establish policies and procedures that
promote and describe the coordination of care with each individual's
PCP.
(F) For all individuals in
the populations of focus, CCBHO staff shall document in the individual record
the name of each individual's PCP, indicate they are assisting them in
acquiring a PCP, or the individual refuses to provide the name of their PCP or
accept assistance in acquiring a PCP.
(13) Evidence-Based Practices. CCBHOs shall
incorporate evidence-based, best, and promising practices into its service
array.
(A) CCBHOs shall have adopted, or be
participating in a department-approved initiative, to promote trauma-informed
care and suicide prevention.
(B)
CCBHOs shall have adopted with fidelity, a model for providing integrated
treatment for co-occurring disorders approved by the department.
(C) CCBHOs shall demonstrate a continued
commitment to adopting or continuing evidence-based, best, and promising
practices to fidelity, such as-
1. Assertive
Community Treatment (ACT);
2.
Supported employment;
3. Supported
housing;
4. Parent-Child
Interaction Therapy;
5. Dialectical
Behavior Therapy;
6. Multi-systemic
Therapy;
7. First Episode
Psychosis; and
8. Eye Movement
Desensitization and Reprocessing (EMDR).
(14) Fee Schedule. CCBHOs shall establish a
sliding fee discount program for all available services that conforms to state
statutory or administrative requirements or to federal statutory or
administrative requirements that may be applicable to existing clinics. Absent
applicable state or federal requirements, the sliding fee discount program
shall be based on locally prevailing rates or charges and include reasonable
costs of operation.
(A) Written policies and
procedures shall be maintained by the CCBHO describing eligibilty for services
and implementation of the sliding fee discount program which must ensure-
1. Equitable use of the sliding fee schedule
for all individuals seeking services;
2. The provision of services regardless of
ability to pay; and
3. Waiver or
reduction of fees for those unable to pay.
(B) The CCBHO shall screen each individual
seeking services to determine eligiblity for a sliding fee discount.
(C) If a CCBHO service is provided through a
DCO, the DCO shall provide such services in accordance with the CCBHO fee
schedule and corresponding policies and procedures.
1. The CCBHO shall provide the DCO with a
copy of its policies and procedures related to the sliding fee discount
program.
2. Prior to the provision
of a CCBHO service, the CCBHO shall inform the DCO if an individual has been
determined eligible for a fee discount. The DCO is not required to conduct its
own discount eligibility screening.
(D) CCBHOs (and their DCOs, as applicable)
shall provide individuals and their family members/natural supports with
information regarding the sliding fee discount program.
1. The fee discount schedule shall be
communicated in languages and formats appropriate for individuals seeking
services who have limited English proficiency or disabilities.
2. The fee discount schedule shall be posted
on the CCBHO/DCO website and in the waiting/reception area.
(15) Information
Systems. CCBHOs shall maintain a health information technology (HIT) system
that includes, but is not limited to, electronic health records of all
individuals served. Electronic health record systems must comply with state and
federal regulations.
(A) The HIT system must
have the capability to capture structured information in individual records,
including demographic information, diagnoses, and medication lists, provide
clinical decision support, and electronically transmit prescriptions to the
pharmacy.
(16) DCO
Contracts. If the CCBHO enters into a contractual agreement(s) with a DCO, the
contract shall include the following provisions:
(A) DCO staff having contact with individuals
served, and/or their families, are subject to the same training requirements as
staff of the CCBHO;
(B) The CCBHO
coordinates care and services provided by the DCO in accordance with the
individual's current treatment plan;
(C) The CCBHO is ultimately clinically
responsible for all care provided;
(D) The individual's freedom to choose
service providers is maintained;
(E) All individuals have access to the
CCBHO's grievance procedures; and
(F) Services provided by the DCO shall meet
the same quality standards as those provided by the CCBHO.
(17) Governing Body Representation. CCBHOs
shall ensure individuals served and their parents/guardians, family members,
and other natural supports have meaningful participation in the development and
ongoing review of the organization's policies and procedures, service delivery
practices, and service array.
(A) Meaningful
participation shall be demonstrated by one (1) of the following:
1. At least fifty-one percent (51%) of the
governing body consists of individuals who are receiving or have received
services for a serious mental illness, serious emotional disturbance, or
substance use disorder, or the parents/ guardian, family members/natural
supports of individuals served;
2.
A substantial portion of the governing body consists of individuals who are
receiving services or have received services for a serious mental illness,
serious emotional disturbance, or substance use disorder, or the
parents/guardian, family members/natural supports of individuals served;
or
3. A transition plan is
developed, with timelines appropriate to the size of the governing body and
target population, to establish a governing body with at least fifty-one
percent (51%) or a substantial portion of the governing body consisting of
individuals who are receiving services or have received services for a serious
mental illness, serious emotional disturbance, or substance use disorder, or
the parents/guardian, family members and other natural supports of individuals
served.
(B) If the CCBHO
is a subsidiary or part of a larger corporate organization and cannot meet the
requirements identified in paragraphs (16)(A)1.-3. of this rule, the CCBHO
shall have or develop an advisory structure or other specifically described
process to ensure individuals who are receiving services or have received
services for a serious mental illness, serious emotional disturbance, or
substance use disorder, or the parents/guardian, family members and other
natural supports of individuals served, have meaningful input to the governing
body related to its policies and procedures, service delivery practices, and
service array.
(C) CCBHOs may
develop and implement an alternative process, which must be approved by the
department, to ensure the governing body is responsive to the needs of
individuals served and their parents/guardians, family members, natural
supports, and the communities it serves.
(D) CCBHOs must be able to document input
from individuals served and their parents/guardian, family members, natural
supports, and communities served, including the impact on its policies,
processes, and services.
(E) To the
extent practicable, each CCBHO's governing body and/or advisory board shall be
representative of the populations served in terms of demographic factors such
as geographic area, race, ethnicity, sex, gender identity, disability, age, and
sexual orientation.
(F) Each
CCBHO's governing body members or advisory board members shall be selected for
their expertise in health services, community affairs, local government,
finance and banking, legal affairs, trade unions, faith communities, commercial
and industrial concerns, and social services within the communities
served.
(G) No more than fifty
percent (50%) of the governing body members may derive more than ten percent
(10%) of their annual income from the health care industry.