Current through September 17, 2024
The Division has the discretion to authorize alternative
methods of compliance with any standards or compliance procedures specified in
these regulations, as deemed appropriate to further the development and
implementation of recovery-oriented and person-centered community-based
behavioral health services.
002.01
REQUESTING ALTERNATIVE COMPLIANCE. To apply for
alternative compliance with a regulation, a provider must submit a written
request to the Division. This request must include:
(A) The citation of the specific regulation
for which alternative compliance is being requested;
(B) Reasons for the request for alternative
compliance;
(C) If appropriate,
activities or performance criteria to replace the requirement of the regulation
and the date the provider is expected to attain compliance;
(D) The signature of the organization's
program director or individual provider;
(E) Authorization from the provider's
governing body, if applicable, to request alternative compliance;
(F) Approval by the regional governing board
when the provider is under contract with the Regional Behavioral Health
Authority; and
(G) Documentation of
how alternative compliance with the regulation would enhance quality,
accessibility, public safety, and cost effectiveness.
002.02
DIVISION
DETERMINATION. The Division will make a determination to grant the
request for alternative compliance when the provider's proposal:
(A) Is consistent with the intent of the
specified regulation;
(B) Conforms
to good and customary administrative management and programmatic
practices;
(C) Protects the rights,
health, and safety of the consumers;
(D) Does not relieve the provider of the
responsibility to comply with other pertinent regulatory requirements;
and
(E) Contains documentation of
how alternative compliance with the regulation would enhance quality,
accessibility, public safety, and cost effectiveness.
002.03
DIVISION
DECISION. The Division will review the request and issue a
decision and send a copy to the regional governing board when the provider is
under contract with the Regional Behavioral Health Authority. When alternative
compliance is granted:
(A) It will be for a
specified time period not to exceed the end of the program
certification;
(B) A provider must
receive the written decision from the Division before implementing alternative
compliance; and
(C) A provider must
meet all the conditions prescribed by the Division in granting alternative
compliance. Failure to comply with the specified conditions voids the
authorization for alternative compliance.
002.04
APPEAL. A
provider aggrieved by a decision to deny a request for alternative compliance
may appeal to the Director.
