Current through Vol. 41, No. 13, March 15, 2024
(a) The ODMHSAS may grant the following types
of certification for the durations specified below.
(1)
Permit for Temporary
Operations. A Permit for Temporary Operations may be granted upon
ODMHSAS's verification that the organization has substantially complied with
Core Organizational Standards and Core Operational Standards applicable to the
type of services for which Certification is sought. A Permit for Temporary
Operations allows for the organization to begin operations so that compliance
with Quality Clinical Standards may be assessed by the Department.
(A) A Permit for Temporary Operations will be
granted for six (6) months and will expire upon subsequent certification
achieved by the organization or upon a determination by ODMHSAS that the
organization is not in substantial compliance with Quality Clinical Standards.
(B) Organizations shall notify
ODMHSAS in writing no later than fourteen (14) calendar days after initiating
clinical services in order to begin the compliance review of Quality Clinical
Standards. Failure to provide such notification within the required timeframe
may result in immediate termination of the Permit for Temporary Operation.
(C) A Permit for Temporary
Operations may not be renewed. ODMHSAS may extend a Permit for Temporary
Operations for no more than ninety (90) days in the event of extenuating
circumstances as determined by ODMHSAS.
(D) Organizations that do not achieve
subsequent Certification after obtaining a Permit for Temporary Operations must
wait a minimum of ninety (90) days before making re-application.
(2)
Probationary
Certification. Probationary Certification may be awarded for a one (1)
year period by ODMHSAS in cases where a program or facility has changed
majority ownership or majority board composition but operations of the program
or facility continue. Such programs or facilities must provide ODMHSAS with
documentation of any changes in policies, procedures, personnel, services, and
other documentation as requested by ODMHSAS. Upon determination by ODMHSAS that
the program or facility meets the requirements of 450:1-9-5.7(a)(3) prior to
expiration of the Probationary Certification, the program or facility may
obtain applicable Certification.
(3)
Certification. ODMHSAS may
award Certification for a one (1) year or two (2) year period beyond the period
approved for a Permit for Temporary Operations or as a renewal of a previously
awarded Certification in accordance with applicable chapters as stipulated in
450:1-9-5
and when ODMHSAS determines that the organization has met substantial
compliance with applicable standards. To qualify for Certification, programs
must meet the following:
(A) Demonstrate
compliance with a minimum of ninety percent (90%) of all Critical Standards as
identified in the ODMHSAS Provider Certification Manual on the initial site
review, file an acceptable plan of correction in the required timeframe
addressing standards for which compliance was not achieved on the initial site
review, and demonstrate compliance with one hundred percent (100%) of all
Critical Standards after the initial site review.
(B) Demonstrate compliance with a minimum of
seventy-five percent (75%) of all Necessary Standards as identified in the
ODMHSAS Provider Certification Manual on the initial site review and file an
acceptable plan of correction in the required timeframe addressing standards
for which compliance was not achieved on the initial site review. ODMHSAS may
verify compliance with standards identified in the plan of correction at its
discretion.
(C) Programs with fewer
than five (5) active cases for which clinical records could be reviewed must
meet the requirements in (B) above, but can be considered for no more than a
one (1) year certification.
(D)
Community Residential Mental Health Programs can be considered for no more than
a one (1) year certification.
(E)
Programs awarded a Probationary Certification are not eligible for
Certification under the conditions described in 450:1-9-5.7(3) until all
conditions of 450:1-9-5.7(2) have been satisfied.
(F) Programs found to have initiated
operations prior to the awarding of a Permit for Temporary Operations for the
services for which certification is statutorily required shall obtain the
necessary Permit for Temporary Operations to continue operations. Subsequently,
these programs will be eligible for Certification for a one (1) year period
only for the first two (2) years of Certification. Programs that fail to obtain
the necessary Permit for Temporary Operations shall be required to cease
operations.
(4)
Certification with distinction. Certification with Distinction may
be awarded for up to three (3) years by ODMHSAS in accordance with applicable
chapters as stipulated in
450:1-9-5
for programs seeking renewal of previously awarded certification when ODMHSAS
verifies all of the following minimal conditions are satisfied:
(A) Programs must have provided services with
an approved ODMHSAS Certification as described in 450:1-9-5.7(a)(3) for one (1)
year or longer in addition to the time services were provided under an approved
Permit for Temporary Operations.
(B) Programs must demonstrate compliance with
a minimum of ninety percent (90%) of all Critical Standards as identified in
the ODMHSAS Provider Certification Manual on the initial site review, file an
acceptable plan of correction in the required timeframe addressing standards
for which compliance was not achieved on the initial site review, and
demonstrate compliance with one hundred percent (100%) of all Critical
Standards after the initial site review.
(C) Programs must demonstrate compliance with
a minimum of eighty-five percent (85%) of all Necessary Standards as identified
in the ODMHSAS Provider Certification Manual on the initial site review and
file an acceptable plan of correction in the required timeframe addressing
standards for which compliance was not achieved on the initial site review.
ODMHSAS may verify compliance with standards identified in the plan of
correction at its discretion.
(D)
ODMHSAS may refund certification renewal application fees for organizations
that demonstrate 100% compliance with all standards (i.e. Core Organizational
Standards, Core Operational Standards, and Quality Clinical Standards) during
the initial renewal site visit and review.
(E) Community Residential Mental Health
Programs can be considered for no more than a one (1) year Certification with
Distinction.
(F) Programs awarded a
Probationary Certification are not eligible for Certification under the
conditions described in 450:1-9-5.7(4) until all conditions of 450:1-9-5.7(2)
have been satisfied.
(5)
Certification with special distinction. Certification with Special
Distinction may be awarded for up to three (3) years by ODMHSAS in accordance
with applicable chapters as stipulated in
450:1-9-5
for programs seeking renewal of previously awarded certification when ODMHSAS
verifies all of the following minimal conditions are satisfied.
(A) The program must meet all conditions for
Certification with Distinction as outlined in 450:1-9-5.7(a)(4); and,
(B) The program has attained national
accreditation (COA, CARF, or TJC) for the services to which ODMHSAS
Certification applies.
(C)
Certification with Special Distinction will be reduced by ODMHSAS to
Certification with Distinction by ODMHSAS if during the certification period
for which the Special Distinction was approved, the program fails to maintain
national accreditation status.
(D)
ODMHSAS may refund certification renewal application fees for organizations
that demonstrate 100% compliance with all standards (i.e. Core Organizational
Standards, Core Operational Standards, and Quality Clinical Standards) during
the initial renewal site visit and review.
(E) Community Residential Mental Health
Programs can be considered for no more than a one (1) year Certification with
Special Distinction.
(F) Programs
awarded a Probationary Certification are not eligible for Certification under
the conditions described in 450:1-9-5.7(a)(4) until all conditions of
450:1-9-5.7(a)(2) have been satisfied.
(b) Permits for Temporary Operations granted
to applicants for initial certification of a facility, location, or level of
service shall be for a period of six (6) months and shall become effective
immediately upon approval by the ODMHSAS Board, the Commissioner or designee.
(c) Certification, other than
Permits for Temporary Operations, granted to an applicant shall become
effective the first day of the month following the date of the action by the
Board, provided however, the Board may waive this requirement and make the
Certification effective immediately.