Alabama Administrative Code › Title 580 - ALABAMA DEPARTMENT OF MENTAL HEALTH › Chapter 580-3-23 - CERTIFICATION OF COMMUNITY PROGRAMS › Section 580-3-23-.16 - Decertification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the entity
			 does not comply with required certification criteria within a specified
			 timeframe, or if it is found to have consistently failed to meet standards, a
			 recommendation for decertification is made to the DMH/MR Commissioner by the
			 respective DMH/MR Division/Office. A copy of this recommendation is sent, via
			 certified mail, to the Executive Director of the agency, and to its Board of
			 Directors, and, as applicable, to the executive director of an agency holding
			 the contract with DMH/MR. The term "consistently fails to meet standards"
			 includes, but is not limited to, the receipt of provisional certification
			 status by a program at least twice within one 12-month period.
(2) If the Commissioner notifies an entity of
			 the intent to decertify their program it may appeal the decision for
			 decertification, or it may request a delay for up to sixty (60) days in the
			 Commissioner's final decision due to extenuating circumstances which must be
			 specified, in order to fully comply with applicable standards. It remains
			 solely within the discretion of the DMH/MR Commissioner to approve such a
			 delay, based upon the type(s) and/or numbers of deficits or standards not met.
			 If approved, the Commissioner will notify the provider of the period of time
			 within which the entity must comply with standards.
(3) If the entity does not appeal the
			 decision for decertification, or does not request a delay to comply with
			 standards, the entity will be decertified on the date specified by the DMH/MR
			 Commissioner.
(4) After notice to
			 an entity and an opportunity for the entity to respond, the DMH/MR Commissioner
			 may rescind or revoke any certification for any material neglect of, disregard
			 of, or noncompliance with these standards and/or violation of federal, state or
			 local law. The DMH/MR Commissioner may immediately suspend or revoke any
			 Department Certificate under these standards if the Commissioner finds that a
			 provider's deficiencies with a standard (or standards) poses a serious threat
			 to the safety and welfare of any consumer served as determined by the
			 Commissioner.
(5) If the entity has
			 complied with standards within the timeframe specified in the Certification
			 Site Visit Report, or as specified by the Commissioner after having granted a
			 delay to come into compliance, a recommendation is made by the respective
			 Division(s) to the DMH/MR Commissioner to certify/re-certify the entity for a
			 period of one year from the date of the expiration of the entity's previous
			 certification.
(6) Failure to
			 comply with one Division's/Office's standards will result in a recommendation
			 for decertification of the entity for the provision of those services only. An
			 entity may continue and be certified to provide services of another division(s)
			 as long as the entity complies with those certification standards.
Author:
DMH/MR Office of Certification
Authority:
Code of Ala.
				1975,
§
									22-50-11.