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10.21.16.00.htm 10.21.16.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 21 MENTAL HYGIENE REGULATIONS Chapter 16 Community Mental Health Programs ― Application, Approval, and Disciplinary Processes Authority: Health-General Article, §7.5-205, 10-901, and 10-902, Annotated Code of Maryland
10.21.16.01.htm 10.21.16.01. 01 Scope.. A. This chapter outlines the process for application for, denial of, and disciplinary action on, the approval for a program to be eligible to receive State or federal funds for providing community mental health services.B. This chapter does not apply to programs approved under COMAR 10.21.07 Therapeutic Group Homes or Federally Qualified Health Centers.
10.21.16.02.htm 10.21.16.02. 02 Definitions.. In this chapter, terms have the meanings indicated in COMAR 10.21.17..
10.21.16.03.htm 10.21.16.03. 03 Approval Requirements.. To be eligible for approval under this chapter, a program shall:. A. Meet the requirements of:. 1) This chapter;. 2) COMAR 10.21.17;. 3) The chapter under this subtitle that outlines the requirements for the specific program; and. 4) Medical Assistance regulations, including, but not limited to COMAR 10.09.36, 10.09.59. and 10.09.70; andB. Demonstrate compliance with:. 1) Relevant federal, State, or local ordinances, laws, regulations, and ord
10.21.16.04.htm 10.21.16.04. 04 Application Process.. A. Consultation. Before submitting an application, an applicant for approval of a program may request assistance from the Department's designated approval unit or the appropriate core service agency (CSA) director regarding the proper compilation of application materials and completion of the application.B. Lead CSA Determination. For programs providing services in multiple jurisdictions, the Administration, in collaboration with the appropriate CSAs,
10.21.16.05.htm 10.21.16.05. 05 Program Service Plan (PSP). On the forms approved by the Administration as part of the application required under Regulation .04C of this chapter or COMAR 10.21.04.05B, a program shall submit a PSP that includes a description of:A. The range of services that the program will provide;. B. The populations to be served, including age groups and other relevant characteristics, and the number of individuals that the program expects to serve;C. Program sites and hour
10.21.16.06.htm 10.21.16.06. 06 Evaluation of Application.. A. The Department's designated approval unit shall evaluate the application to determine whether the applicant adequately documents that the:1) Proposed program has met all approval requirements;. 2) Applicant has reviewed and is knowledgeable regarding all applicable regulations; and. 3) Program will be financially viable.. B. Before making a determination under §A of this regulation, the Department's designated approval unit may:
10.21.16.07.htm 10.21.16.07. 07 Temporary Approval.. A. If the Department's designated approval unit determines that the program meets all approval requirements, the Secretary shall:1) Issue temporary approval according to the provisions of §B of this regulation; and. 2) Forward copies of the approval to the:. a) Appropriate CSA;. b) Administration;. c) ASO;. d) Medical Assistance Program; and. e) The program's chief executive officer (CEO) and president of the advisory committee or governing
10.21.16.08.htm 10.21.16.08. 08 Approval of a Program.. A. Approval Without Conditions.. 1) The Secretary shall grant approval without conditions to a program if, based on an on-site review, the Department's designated approval unit determines that the program complies with the requirements for approval.2) Unless the program has been granted deemed status under Regulation .10 of this chapter, within not more than 3 years of the date of the program's last full on-site review, the Department's designat
10.21.16.09.htm 10.21.16.09. 09 Waivers and Variances.. A. Waivers. The Secretary may not waive the requirements of any regulation adopted under:. 1) This chapter;. 2) COMAR 10.21.17; or. 3) The chapter under this subtitle that outlines the requirements for a specific program.. B. Variances.. 1) A program that is approved under Regulation .08 of this chapter may apply for a variance.. 2) When a program is approved under Regulation .08 of this chapter, the Secretary may grant a variance for a regulation if th
10.21.16.10.htm 10.21.16.10. 10 Deemed Status.. A. Initial Request for Deemed Status. If a program is approved under Regulation .08 of this chapter and is accredited under relevant behavioral health care standards of the Joint Commission on the Accreditation of Health Care Organizations (JCAHO) or the Rehabilitation Accreditation Commission (CARF) the program director may request that the Secretary grant the program deemed status by submitting a written request to the Administration and the CS
10.21.16.11.htm 10.21.16.11. 11 Program Inspection and Investigation by the Department.. The Department, its designees, the Administration, the Administration's ASO, CSA, and federal funding agents may:A. Make announced and unannounced visits to a program; and. B. Inspect and copy all records, including, but not limited to financial, treatment, and service records.
10.21.16.12.htm 10.21.16.12. 12 Denial, Emergency Suspension of Approval, and Disciplinary Action.. A. Denial of Approval.. 1) If the Secretary proposes to deny approval to an applicant under the provisions of this chapter, the Secretary shall give written notice of the proposed denial to the:a) Applicant;. b) Program's CEO and president of the advisory committee or governing body, whichever applies;. c) Administration;. d) CSA or lead CSA;. e) ASO; and. f) Medical Assistance Program..
10.21.16.13.htm 10.21.16.13. 13 Program Request for Discontinuation of Operations.. A. If a program intends to discontinue operation, the program director shall, no less than 60 calendar days before the program intends to discontinue operation, submit to the Department's approval unit, the Administration, and the lead CSA its written plan for:1) Cessation of operations, including relevant dates;. 2) Transitioning individuals within its program to other mental health services;.
10.21.16.14.htm 10.21.16.14. 14 Program Request for Discontinuation of Approval.. A. If a program wishes to discontinue approval, the program director shall, not less than 60 calendar days before the date the program wishes to discontinue approval:1) Submit to the Department's designated approval unit a letter requesting discontinuation of approval; and2) Notify, in writing, the:. a) Individuals or the guardians of individuals receiving services that the program has requested discontinuation of approval,
10.21.16.15.htm 10.21.16.15. 15 Initiation of Receivership.. The Secretary may take action to initiate receivership under the provision of Health-General Article, §19-333―19-339, Annotated Code of Maryland.
10.21.16.16.htm 10.21.16.16. 16 Procedures for Hearings.. A. If the Secretary proposes to deny approval or initiate disciplinary action, the Secretary shall give the program director written notice of the proposed action, according to the provisions outlined in Regulation .12A―C of this chapter.B. Within 10 working days of receipt of the notification of the action under §A of this regulation, the program director may file a written request for a hearing with the Office of Administrative Hear
10.21.16.9999.htm 10.21.16.9999. Administrative History Effective date: January 2, 1995 (21:26 Md. R. 2187). Chapter revised effective October 5, 1998 (25:20 Md. R. 1529) ―. Regulations .01―12 repealed and new Regulations .01―16 adopted effective January 14, 2008 (35:1 Md. R. 19)Regulation .04C amended effective March 13, 2017 (44:5 Md. R. 292).
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