Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-1-2 - ADMINISTRATIVE STANDARDS FOR 310 BOARDS › Section 580-1-2-.06 - Standards For Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A certified 310 Board must meet the
			 following standards:
(a) The 310 Board must
			 have on file with DMH/MR their Articles of Incorporation and all amendments,
			 which were provided to the local county governmental entity which established
			 and approved the articles or amendments.
(b) The 310 Board must have on file with
			 DMH/MR a copy of their bylaws, which are consistent with their Articles of
			 Incorporation and with the Code of Alabama.
(c) The 310 Board must have approved by
			 DMH/MR under the
Code of Ala. 1975
, Section
			 22-51-7 any amendments to the 310 Boards Articles of Incorporation and must have these
			 amendments on file with the DMH/MR.
(d) The 310 Board's Articles of Incorporation
			 must state the services to be provided.
(e) The 310 Board must have on file with
			 DMH/MR the resolution(s) from counties indicating the geographical area for the
			 operation of a 310 Board.
(f) The
			 310 Board must provide to the DMH/MR annually an unqualified prior year audit
			 including such DMH/MR contracted funds allocated for subcontractors.
(g) The 310 Board of Directors shall be
			 established according to Alabama Code Section
			 22-51-8.
			 Each certified 310 Board must provide a list of the Board of Directors to
			 DMH/MR.
(h) The 310 Board of
			 Directors should include consumers and family members of the population(s)
			 designated to be served. In the event a 310 Board does not include consumers
			 and family members of the populations(s) it serves, then the Board shall
			 appoint an advisory committee of said consumers and family members.
(i) The 310 Board of Directors shall develop
			 written policies and procedures to assure neither they nor their employees,
			 agents, volunteers, or providers/owners, have any conflicts of interests in any
			 business relationship they may have with a 310 Board.
(j) The 310 Board must comply with the
			 Alabama Bid Law, Alabama Code Section
			 41-16-50
et
seq
. (Supp. 1999). Within
			 this context, members of the governing bodies and instrumentality's of local
			 governmental authorities must comply with the conflict of interest statute,
			 Alabama Code Section
			 41-16-60 (1991). There must be an arms length transaction between the members of the
			 Board of Directors of a 310 Board who also serves on the Board of Directors of
			 a subcontractor.
(k) The 310 Board
			 of Directors must comply with the Alabama "Sunshine Law", which prohibits an
			 executive or secret session except when the character or good name of a person
			 is involved, Alabama Code Section
			 13A-14-2 (1994).
(l) The 310 Board must
			 provide to DMH/MR a two-year plan of services specifying the type, the quantity
			 and location of services provided for their designated population.
(m) The 310 Board must provide to DMH/MR a
			 comprehensive study of needs assessment and available resources for their
			 designated population within their geographical location.
(n) The 310 Board when subcontracting shall
			 provide to the DMH/MR a copy of the subcontract for approval prior to
			 initiation. No certified 310 Board may subcontract more than 10% of their total
			 DMH/MR funding without approval of the DMH/MR.
(o) The 310 Board may use no more than 20% of
			 the DMH/MR contracted funds for administrative costs. Administrative costs
			 include non-direct program costs and administrative costs to support, maintain,
			 and administer the direct program services provided or contracted by the 310
			 Board.
(p) The 310 Board shall not
			 charge an administrative fee to subcontractors providing services funded
			 through DMH/MR.
(q) The 310 Board
			 shall pay subcontractors within 15 working days of the receipt of contract
			 funds from DMH/MR.
(r) The 310
			 Board shall establish a CQI system, which complies with the standards set forth
			 by the DMH/MR, and shall encompass its subcontractors of DMH/MR
			 services.
(s) For specific programs
			 and services provided by certified 310 Boards or subcontracted by certified 310
			 Boards, as spelled out by Alabama Code Section
			 22-51-1(8),
			 the 310 Board shall insure compliance with the specified DMH/MR service
			 division's certification standards.
Author:
Department of Mental Health and Mental
				Retardation