Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 05 - Developmental Disabilities Services › Rule 016.05.17-006 - DDS Community and Employment Services (CES) Waiver Certification Standards

Current through Register Vol. 49, No. 6, June, 2024
100
			 Organizational AND Management requirements
101.
Organizational
			 Requirements
1.
Standards are not Comprehensive
: These DDS CES Waiver
			 Service Minimum Certification Standards
("
Certification
			 Standards
")
estabUsh those Provider policies, activities,
			 and areas where DDS QuaUty Assurance will monitor Provider compliance.
However, these Certification Standards do not contain a
				comprehensive listing of all laws, statutes, guidelines, or other rules and
				regulations with which a Provider must comply. Depending on the services or
				programs a Provider chooses to offer and participate in, there may be other
				federal, state and local statutes, acts, and regulations with which a Provider
				must comply, including, but not limited to, the following:
* Health Insurance Portability and Accountability Act
* Freedom of Information Act
* Individuals with Disabilities Education Act
* American with Disabilities Act
* Federal Privacy Act
* Developmentally Disabled Assistance & Bill of Riglits
				Act.
DDS Quality Assurance has the right to enforce Provider
				compliance with all applicable laws, statutes, guidelines, or other regulations
				not found in the Certification Standards. For enforcement purposes, any
				federal, State of Arkansas, or local laws, statutes, guidelines or other rules
				or regulations applicable to a Provider but not contained within these
				Certification Standards are incorporated herein by reference.
2.
Provider Governing Documents
			 Available for DDS Inspection
: All governing documents, policies,
			 procedures, or other equivalent operating documents of a Provider shall at all
			 times be readily available for DDS inspection and review upon
			 request.
3.
Legal
			 Existence and Good Standing
: The Provider shall at all times be
			 duly organized, validly existing and in good standing as a legal entity under
			 the laws of the State of Arkansas, with the power and authority under the
			 appropriate federal, state or local statues to own and operate its business as
			 presently conducted.
4.
Provider Name and Control Changes
:
a.
Name Changes:
Any change
			 to the legal name of the Provider or the name under which the Provider conducts
			 business in the State of Arkansas must be reported to DDS Quality Assurance
			 within seven (7) days.
b.
Control Changes:
Any change in the control of a Provider must
			 be reported to DDS within seven (7) days. A "change in control" shall mean a
			 change in the Executive Director or other titled position that is considered
			 the highest position of authority for the Provider. For a for-profit Provider,
			 a "change in control" shall also mean the sale of all or substantially all the
			 assets of a Provider, any merger, consolidation or acquisition of a Provider
			 with another entity, and any change in the ownership of more than fifty percent
			 (50%) of the voting power of a Provider.
5.
Non-profit Board
			 Requirement
: Each non-profit Provider's board of directors shall
			 include an individual with developmental disabilities as an ex officio member
			 of the nonprofit organization's board of directors (see Ark. Code Ann. §
										20-48-705
			 ).
6.
Provider
			 Inability to Continue as Going Concern
: If DDS receives
			 information that would reasonably cause it to doubt a Provider's ability to
			 continue as a going concern, DDS Quality Assurance has the right to demand that
			 the Provider present evidence that the Provider is still able to safely provide
			 services in fiill compliance with these Certification Standards. Examples of
			 acfions or events that might trigger this concern include, but are not limited
			 to, IRS liens, threats to revoke non-profit status, and the inability to pay
			 employees, subcontractors, or others.