Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Division shall employ review
procedures deemed adequate to determine applicant or ADSS compliance with
applicable administrative rules, statutes, other applicable regulations, and as
necessary, contractual obligations. These procedures may include but are not
limited to:
(a) Entry and inspection of any
service delivery location;
(b)
Review of documents; and
(c)
Interviews with or a request for completion of a questionnaire by individuals
knowledgeable about the ADSS or applicant. Individuals interviewed may include
program staff, managers, governing or advisory board members, allied agencies,
individuals, their family members, and significant others.
(2) ADSS must cooperate with
Division staff during a certification review.
(3) Within 30 days following the completion
of each discretionary review, the Division may, at their discretion, issue a
report and require a Plan of Correction congruent with section (4) of this
rule.
(4) Within 30 days following
the completion of each initial or renewal certification review, the Division
shall issue a report that includes:
(a) A
statement of any deficiency including a description of the review findings
related to non-compliance with applicable administrative rules, statutes, other
applicable regulations, and any required corrective actions where applicable;
(b) Pursuant to a certification
review when the Division determines an ADSS or applicant is not operating in
substantial compliance with all applicable statutes, administrative rules, and
other regulations, and the plan of correction (POC) process is appropriate, the
Division may require the ADSS or applicant to submit a POC. The Division shall
provide written notice of the requirement to submit a POC, and the ADSS or
applicant shall prepare and submit a POC according to the following terms:
(A) The ADSS or applicant shall submit the
POC to the Division within 30 days of receiving the statement of deficiency.
The Division may issue up to a 90-day extension to the existing certification
to allow the ADSS or applicant to complete the plan of correction process;
(B) The POC shall address each
finding of non-compliance and shall include:
(i) The planned action already taken to
correct each finding of non-compliance;
(ii) The anticipated or requested timeframe
for the completion of each corrective action not yet complete at the time of
POC submission to the Division;
(iii) A description of and plan for quality
assurance activities intended to ensure ongoing compliance; and
(iv) The name of the individual responsible
for ensuring the implementation of each corrective action within the plan of
correction.
(c) If the Division finds that clarification
or supplementation to the POC is required prior to approval, Division staff
shall contact the ADSS or applicant to provide notice of requested
clarification or supplementation, and the ADSS or applicant shall submit an
amended plan of correction within 14 calendars days of notification;
(d) The ADSS shall submit a sufficient POC
approved by the Division prior to receiving a certificate. Upon the Division's
approval of the POC, the Division shall issue the appropriate certification;
(e) The Division may deny,
suspend, or revoke an applicant or ADSS' certification if the ADSS fails to
submit an adequate POC within the established timeframes.
Statutory/Other Authority: 413.042 & 430.256
Statutes/Other Implemented: 430.256
