This chapter establishes the administrative framework for the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), including definitions, contracting criteria, certification processes, reimbursement rate-setting, and formal/informal hearing procedures applicable across all ODMHSAS-regulated facilities and programs. It governs entities under contract with or certified by ODMHSAS to provide mental health, substance abuse, eating disorder, gambling addiction, narcotic treatment, and residential care services. Facility operators must comply with certification standards, staff qualification requirements, and contracting procedures, and are subject to administrative sanctions including revocation, suspension, or reprimand of certification. The chapter also sets out public records access procedures and rulemaking petition processes.
View official source(a) These rules are promulgated pursuant to the requirements of the Administrative Procedures Act, 75 O.S. § 250, et seq. The purpose of these rules is to effectively implement and enforce the provisions of Title 43A of the Oklahoma Statutes. These rules supplement existing state and federal laws, and being duly promulgated, have the force and effect of law.
(b) These rules govern formal proceedings of the Department. Informal proceedings may be held as announced by the Department or as agreed with any person.
The following words or terms, as defined below, when used in Chapters 1, 15, 16, 17, 18, 21, 23, 24, 27, 30, 50, 53, 55, 60, 65, 70, and 75 shall have the following meaning, unless the context clearly indicates otherwise and will prevail in the event there is a conflict with definitions included elsewhere in Chapters 1, 15, 16, 17, 18, 21, 23, 24, 27, 30, 50, 53, 55, 60, 65, 70 and 75:
"Administrative Hearing Officer"
means an individual who is an attorney licensed to practice law in the State of Oklahoma and is appointed by the Commissioner of ODMHSAS to preside over and issue a proposed order in individual proceedings.
"AOA"
means American Osteopathic Association.
"Behavioral Health Aide (
BHA)"
means
an
individual who is credentialed
by ODMHSAS to provide
therapeutic behavioral services. In order to qualify as a BHA an individual must
possess certification as a Beha
vioral
Health Case Manager I and successfully complete
training
as prescribed by ODMHSAS.
"Behavioral Health Case Manager"
or
"CM"
means any person who is certified by the ODMHSAS as a Behavioral Health Case Manager pursuant to Oklahoma Administrative Code, Title 450, Chapter 50.
"Board"
means the Oklahoma State Board of Mental Health and Substance Abuse Services.
"CARF"
means Commission on Accreditation of Rehabilitation Facilities (CARF).
"Certification"
means a status which is granted to a person or an entity by the Oklahoma State Board of Mental Health and Substance Abuse Services or the ODMHSAS, and indicates the provider is in compliance with minimum standards as incorporated in OAC 450 to provide a particular service. In accordance with the Administrative Procedures Act, 75 O.S. § 250.3(8), certification is defined as a "license."
"Certified Alcohol and Drug Counselor (
CADC)"
means Oklahoma certification as an Alcohol and Drug Counselor.
"Certified facility"
means any facility which has received a certification status by the Oklahoma State Board of Mental Health and Substance Abuse Services or the ODMHSAS.
"Certification report"
means a summary of findings documented by ODMHSAS related to an applicant's compliance with certification standards.
"COA"
means the Council on Accreditation of Services for Families and Children, Inc.
"Consumer"
means an individual who has applied for, is receiving or has received evaluation or treatment services from a facility operated or certified by ODMHSAS or with which ODMHSAS contracts and includes all persons referred to in OAC Title 450 as client(s) or patient(s) or resident(s) or a combination thereof.
"Critical incident"
means an occurrence or set of events inconsistent with the routine operations of a facility, service setting, or otherwise routine care of a consumer. Critical incidents specifically include, but are not necessarily limited to the following: adverse drug events; self-destructive behavior; deaths and injuries to consumers, staff, and visitor; medication errors; residential consumers that have absent without leave (AWOL); neglect or abuse of a consumer; fire; unauthorized disclosure of information; damage to or theft of property belonging to consumers or the facility; other unexpected occurrences; or events potentially subject to litigation. A critical incident may involve multiple individuals or results.
"Critical standard"
means a standard that ODMHSAS deems to have the potential to significantly impact the safety, well-being, and/or rights of consumers, or consumers' access to appropriate services.
"Discharge summary"
means a clinical document in the treatment record summarizing the consumer's progress during treatment, with goals reached, continuing needs, and other pertinent information including documentation of linkage to aftercare.
"Contractor"
or "
contractors"
means any person or entity under contract with ODMHSAS for the provision of goods, products or services.
"Employment Consultant (
EC)"
means an individual who (i) has a high school diploma or equivalent; and (ii) successful completion of Job Coach training.
"Entities"
or "
entity"
means sole proprietorships, partnerships and corporations.
"Facilities"
or "
facility"
means entities as described in 43A O.S. § 1-103(7), community mental health centers, residential mental health facilities, community-based structured crisis centers, certified services for the alcohol and drug dependent, programs of assertive community treatment, eating disorder treatment, gambling addiction treatment, and narcotic treatment programs.
"Family"
means the parents, brothers, sisters, other relatives, foster parents, guardians, and others who perform the roles and functions of family members in the lives of consumers.
"Family Peer Recovery Support Specialist"
or
"F-PRSS"
means any person who is certified by the Department of Mental Health and Substance Abuse Services as a Family Peer Recovery Support Specialist pursuant to requirements found in OAC 450:53.
"Follow-up"
means the organized method of systematically determining the status of consumers after they have been discharged to determine post-treatment outcomes and utilization of post-treatment referrals.
"Governing authority"
means the individual or group of people who serve as the treatment facility's board of directors and who are ultimately responsible for the treatment facility's activities and finances.
"Individual proceeding"
means the formal process employed by an agency having jurisdiction by law to resolve issues of law or fact between parties and which results in the exercise of discretion of a judicial nature.
"Institutional Review Board"
or
"IRB"
means the ODMHSAS board established in accordance with 45 C.F.R. Part 46 for the purposes expressed in this Chapter.
"Intensive Case Manager (
ICM)"
means an individual who is designated as an ICM and carries a caseload size of not more than twenty-five (25) individuals. They are a LBHP, Licensure Candidate, CADC, or certified as a Behavioral Health Case Manager II, and have
a minimum of two (2) years Behavioral Health Case Management experience and crisis diversion
experience.
"IRB approval"
means the determination of the IRB that the research has been reviewed and may be conducted within the constraints set forth by the IRB and by other agency and Federal requirements.
"Levels of performance"
or
"level of performance"
means units of service by types of service.
"Licensed Alcohol and Drug Counselor"
or
"LADC"
means any person who is licensed through the State of Oklahoma pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act.
"Licensed Behavioral Health Professional"
or
"LBHP"
means:
(A) An Allopathic or Osteopathic Physician with a current license and board certification in psychiatry or board eligible in the state in which services are provided, or a current resident in psychiatry;
(B) An Advanced Practice Registered Nurse licensed as a registered nurse with a current certification of recognition from the board of nursing in the state in which services are provided and certified in a psychiatric mental health specialty;
(C) A Clinical Psychologist who is duly licensed to practice by the State Board of Examiners of Psychologists;
(D) A Physician Assistant who is licensed in good standing in Oklahoma and has received specific training for and is experienced in performing mental health therapeutic, diagnostic, or counseling functions;
(E) A practitioner with a license to practice in the state in which services are provided issued by one of the following licensing boards:
(i) Social Work (clinical specialty only);
(ii) Professional Counselor;
(iii) Marriage and Family Therapist;
(iv) Behavioral Practitioner; or
(vi) Alcohol and Drug Counselor.
"Licensed dietitian"
means a person licensed by the Oklahoma Board of Medical Licensure and Supervision as a dietitian.
"Licensed mental health professional"
or
"LMHP"
means a practitioner who meets qualifications as defined in Title 43A §1-103(11).
"Licensed physician"
means an individual with an M.D. or D.O. degree who is licensed in the state of Oklahoma to practice medicine.
"Licensed practical nurse"
means an individual who is a graduate of an approved school of nursing and is licensed in the State of Oklahoma to provide practical nursing services.
"Licensure candidate"
means a practitioner actively and regularly receiving board approved supervision, and extended supervision by a fully licensed clinician if board's supervision requirement is met but the individual is not yet licensed, to become licensed by one of the following licensing boards:
(A) Psychology;
(B) Social Work (clinical specialty only);
(C) Professional Counselor;
(D) Marriage and Family Therapist;
(E) Behavioral Practitioner; or
(F) Alcohol and Drug Counselor.
"Minimal risk"
means that the probability and magnitude of harm or discomfort anticipated in the research are not greater, in and of themselves, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examination or tests.
"Necessary standard"
means a certification standard that ODMHSAS deems important for an entity's overall functioning but generally does not have a significant, immediate impact on consumers.
"ODMHSAS"
or
"Department"
means the Oklahoma Department of Mental Health and Substance Abuse Services.
"Oklahoma Administrative Code"
or
"OAC"
means the publication authorized by 75 O.S. § 256 known as The Oklahoma Administrative Code, or, prior to its publication, the compilation of codified rules authorized by 75 O.S. § 256(A)(1)(a) and maintained in the Office of Administrative Rules.
"Paraprofessional"
means a person who does not have an academic degree related to the scope of treatment or support services being provided but performs prescribed functions under the general supervision of that discipline.
"Peer Recovery Support Specialist"
or
"PRSS"
means an individual certified by ODMHSAS as a Peer Recovery Support Specialist pursuant to requirements found in OAC 450:53.
"Performance improvement"
means an approach to the continuous study and improvement of the processes of providing services to meet the needs of consumers and others.
"Probationary certification"
means a certification status granted for a one-year period for programs or facilities that have changed majority ownership or majority board composition but operations of the program or facility continue.
"Psychiatrist"
means a licensed physician who specialized in the assessment and treatment of individuals having psychiatric disorders and who is fully licensed to practice medicine in the state in which he or she practices and is certified in psychiatry by the American Board of Psychiatry and Neurology, or has equivalent training or experience.
"Registered nurse"
means an individual who is a graduate of an approved school of nursing and is licensed in the state of Oklahoma to practice as a registered nurse.
"Rehabilitative services"
means face-to-face individual or group services provided by qualified staff to develop skills necessary to perform activities of daily living and successful integration into community life.
"Reimbursement rates"
means the rates at which all contractors are reimbursed (paid) for services they provide under their ODMHSAS contract.
"Research"
means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for purposes of this Chapter, whether or not they are conducted or supported under a program that is considered research for other purposes. For example, some demonstration and service programs may include research activities.
"Respondent"
means the person(s) or entity(ies) named in a petition for an individual proceeding against whom relief is sought.
"Sentinel event"
means a type of critical incident that is an unexpected occurrence involving the death or serious physical or psychological injury to a consumer, staff member, or visitor, or risk thereof. Serious injury specifically includes loss of limb or function. The phrase "or risk thereof" includes a variation in approved processes which could carry a significant chance of a serious adverse outcome. These events signal the need for immediate investigation and response. Sentinel events include, but are not limited to, suicide, homicide, assault and other forms of violence, including domestic violence or sexual assault, and adverse drug events resulting in serious injury or death. Sentinel events include occurrences that take place at the facility and/or during the delivery of services, as well as suicide and unintentional drug overdose deaths that occur at any time while an outpatient consumer is an active consumer,
within seventy-two (72) hours of contact after
mobile/outpatient
crisis intervention services are provided,
and within seventy-two (72) hours of discharge from inpatient and residential settings, including sites certified under Chapter 23 of this Title.
"Service area"
means a geographic area established by the Department of Mental Health and Substance Abuse Services for support of mental health [43A O.S. § 3-302(1)].
"Service Provider"
means a person who is allowed to provide substance abuse services within the regulation and scope of their certification level or license.
"Site Review Protocol"
means an ODMHSAS document developed as a work document in the certification site visit(s) that is based primarily upon the rules (standards/criteria) being reviewed. The Site Review Protocol is used in preparing the Certification Report, which is provided to the facility as well as to the Board for its consideration and action related to certification.
"Staff privileging"
means an organized method for facilities and programs to authorize an individual to provide specific care and treatment services to consumers within well-defined limits, based on the evaluation of the individual's license, education, certification, training, experience, competence, judgment, and other credentials.
"Substantial compliance"
means the demonstration of compliance by an entity subject to certification to ODMHSAS of a minimum percentage of all applicable critical and necessary standards in accordance with these rules. The determination of whether an individual standard is deemed compliant may be done on a pass/fail basis or as a minimum percentage of required elements.
"Support Services Provider (
SSP)"
means an individual age eighteen (18) or older with a high school diploma or equivalent.
"TJC"
means The Joint Commission formerly referred to as the Joint Commission on Accreditation of Healthcare Organizations or JCAHO.
"Tobacco"
means any nicotine delivery product or device that is not approved by the U.S. Food and Drug Administration (FDA) for the purpose of nicotine dependence treatment, including, but not limited to cigarettes, cigars, snuff, chewing tobacco, electronic cigarettes and vaping devices.
"Volunteer"
means any person who is not on the program's payroll, but provides services and fulfills a defined role within the program and includes interns and practicum students.
This, and all subsequent chapters are applicable, unless otherwise specifically noted in a chapter, subchapter, part or section of Oklahoma Administrative Code Title 450, to the Oklahoma Department of Mental Health and Substance Abuse Services, the State Board of Mental Health and Substance Abuse Services, and:
(1)
all employees and institutions and facilities of ODMHSAS (43A O.S. §§ 3-101 and 3-107); and
(2)
all facilities (43A O.S.§§ 1-103(7), 3-306.1, 3-315, 3-317, 3-319, 3-320, 3-222, 3-323A and 3-415) under contract with ODMHSAS; and
(3)
all facilities subject to certification by ODMHSAS (43A O.S. §§ 3-306.1, 3-315, 3-317, 3-319, 3-320, 3-222, 3-415, 3-601); and
(4)
institutions, organizations and individuals subject to certification by ODMHSAS to provide alcohol and drug substance abuse courses (43A O.S. §§ 3-451 through 3-453); and
(5)
agencies and individuals subject to certification by ODMHSAS to provide alcohol and drug assessment and evaluation programs related to driver's license revocation [47 O.S. §§ 11-902(G) and 6-212.2; 43A O.S. § 3-460];
(6)
individuals subject to certification to be a behavioral health case manager pursuant to 43A O.S. § 3-318;
(7)
Individuals subject to certification to be recovery support specialist to 43A O.S. § 3-326; and
(8)
Individuals subject to certification to be a problem gambling treatment counselor pursuant to 43A O.S. § 3-322a.
(a) Any statute of the United States or of the State of Oklahoma now existing, or duly enacted in the future, shall supersede any conflicting provision of the rules of this and all subsequent chapters to the extent of such conflict, but shall not affect the remaining provisions therein.
(b) All persons and organizations affected by the rules of this and all subsequent chapters and related laws shall be knowledgeable of the conduct pertinent in operating in accordance with all such rules and laws.
(a) The Board is the entity vested with authority to make rules for the implementation of the Department's statutorily mandated and permissible functions under 43A O.S. §§ 1-101, et seq.
(b) The Board shall appoint the Commissioner, who is the chief executive officer of the Department with duties, privileges and responsibilities set forth in 43A O.S. § 2-202.1. The Commissioner shall maintain such staff as authorized by law and assign said staff to carry out the duties and responsibilities required to fulfill the statutory requirements of 43A O.S. §§1-101 et seq., and the rules and directives of the Board.
(c) The Department shall be organized and divided into such areas and departments as the Board and the Commissioner deem desirable for efficiency. Copies of organizational charts are available upon request from the Human Resources Management Division.
The objectives of the ODMHSAS are as follows:
(1)
The provision of quality mental health and substance abuse services within the resources available, to those persons, and their families, receiving services from the facilities either operated by, certified by or under contract with ODMHSAS.
(2)
The services by mental health and substance abuse providers are rendered in an environment of safety, dignity and with respect to the rights of those persons and their families.
(3)
Adherence to and compliance with applicable state and federal statutes, including but not limited to Title 43A of the Oklahoma Statutes and the Public Health Services Act (42 U.S.C.) by all facilities operated by, under contract with, or certified by ODMHSAS.
(a) Official records. Official records of the Board and the Department include information, rules, forms, the record in individual proceedings, records submitted to the Department, and other public records in accordance with the Oklahoma Open Records Act 51 O.S. §§ 24A.1,
et seq
.
(b) Copies. Copies of official records of the Board or Department, not privileged or protected from publication by law, shall be available to the public.
Any person making a request pursuant to 450:1-1-6 shall comply with the following:
(1) It is preferred that the requests be in writing and mailed to the Oklahoma Department of Mental Health and Substance Abuse Services, P.O. Box 53277, Oklahoma City, Oklahoma 73152-3277, or made in person during regular office hours between 8:00 a.m. and 5:00 p.m.
All requests sent through email shall be made to the ODMHSAS Legal Division.
(2) The request must specifically describe the record(s) requested,
the names, type of record, relevant
time frame
, the purpose of such request, whether personal, public interest, or commercial, and any other pertinent information.
The request must
indicate the name of the party making the request, and include the party's mailing address, email address, and telephone number.
(3) The requesting party shall pay a fee for copies. Said fee shall be twenty-five cents (25¢) per page, twelve dollars ($12.00) per 3½-inch diskette,
CD-ROM, or flash drive,
and $1.00 per page for certified documents.
Copies provided via fax machine cost $1.00 per page, regardless of the destination of the faxed
copy.
(4) For commercial requests or those that would cause excessive disruption of office function, such as documents that are archived, either internally or with the Oklahoma Archives and Records Commission, a search fee will be charged based upon the hourly rate of the individual(s) searching for, and
locating
, the requested records.
(5) Mental health and substance abuse treatment records are confidential and not subject to release by statutes and federal regulations including, but not limited to, 43A O.S. §§ 1-109, 3-313, 3-422 and 3-423; 63 O.S. § 1-1502; and 42 CFR, Part 2.
(6) Certain ODMHSAS employee personnel records are confidential and not subject to the Oklahoma Open Records Act, including employee evaluations, payroll deductions, applications submitted by persons not hired by ODMHSAS; internal personnel investigations including examination and selection material, employees' home addresses, telephone numbers, and social security numbers, medical and employee assistance records, and other personnel records where disclosure would constitute a clear invasion of privacy. Personnel records information that are subject to release are the application of a person who becomes an employee of the Department, gross receipt of public funds, dates of employment, title or position and any final disciplinary action resulting in loss of pay, suspension, demotion or termination.
(7) Any other document protected, as confidential, by any Oklahoma or federal law, or Oklahoma or federal administrative rule, or by order of a court of competent jurisdiction, is not subject to the Oklahoma Open Records Act.
In order to maintain efficiency and uniformity in the administration of duties, ODMHSAS will devise and maintain forms for use by any party. The forms may be revised periodically to insure uniformity, efficiency, and expediency. The prescribed forms must be used by all affected parties unless another form is approved by ODMHSAS prior to its submission, or other provisions are stated in subsequent chapters. Each division or departmental area shall make available to the public all rules and other written statements of policy adopted or used in the discharge of its functions, all forms, applications and instructions for use by the public, including those required to apply for a certification. Additionally, forms may be acquired by request under 450:1-1-7.
(a) Any person subject to the rules contained in rules of ODMHSAS (Oklahoma Administrative Code Title 450) may petition for a declaratory ruling as to the applicability of a specific rule and its effect on petitioner. In petitioning ODMHSAS for a declaratory ruling, the following procedures must be followed:
(1)
The petition must be in writing and submitted to the Rules Liaison of ODMHSAS at 2000 N. Classen, Suite E600, Oklahoma City, OK 73106;
(2)
The petition shall state with specificity the rule in question;
(3)
The petition shall state clearly and with specificity the bases for the action and the action or relief sought;
(4)
The petition shall pose the specific question(s) to be answered by ODMHSAS; and
(5)
The petitioner or petitioner's authorized representative shall print his or her name address and telephone number on the petition and sign it.
(b) The petition will be stamped upon receipt by ODMHSAS to show the date of submission. The petition shall be referred to the appropriate staff persons to make a recommendation to the Commissioner, who shall issue a ruling within 30 days.
(c) The petitioner shall be notified of the declaratory ruling in writing by the U.S. Postal Service's Certified Mail with Return Receipt Requested.
(d) The ruling shall become final unless, within 10 days, the petitioner files with the Rules Liaison a written request for a hearing before the Board. If the petitioner requests such a hearing, the matter shall be placed on the agenda of the next scheduled Board meeting if it is filed ten (10) calendar days or more prior to the meeting. If the request is filed less than ten (10) days prior to the next scheduled Board meeting, it will be placed on the agenda of the following meeting.
(e) At the hearing of the matter by the Board, the petitioner and Department staff shall be permitted to present oral argument to the Board, the length of which shall be limited by the chair of the Board. At the conclusion of the presentation of the matter, the Board shall render a decision on the petition and a written decision shall follow within 10 days.
(f) A declaratory ruling or refusal to issue such ruling, shall be subject to judicial review in the manner provided for review of decisions in individual proceedings in the Oklahoma Administrative Procedures Act (75 O.S. § 307).
Any person affected either by a rule adopted and promulgated by ODMHSAS, or the lack of a rule and regulation may petition ODMHSAS to promulgate, adopt, amend or repeal the rule pursuant to 75 O.S. § 305 and in accordance with this section.
(1)
The petition must be in writing and submitted to the Rules Liaison of ODMHSAS at 2000 N. Classen, Suite E600, Oklahoma City, OK 73106 setting forth:
(A)
The proposed amendment, promulgation, or repeal of a specific rule
(B)
The reason for the petition to repeal, promulgate, or amend a rule; and
(C)
The effect that the repeal, amendment or promulgation of the rule would have on the petitioner.
(2)
The petitioner must print his or her name, address and telephone number on the petition and it must be signed by the petitioner.
(3)
The Department shall timely respond to such petition, either by initiating rulemaking proceedings or by denying the petition.
(4)
The petitioner will be notified by regular mail if rulemaking proceedings are initiated.
(5)
A petition for rulemaking will be deemed denied if the Department has not initiated rulemaking proceedings within thirty (30) calendar days after the petition is submitted.
(a) Any person or entity subject to the rules contained in rules of ODMHSAS (Oklahoma Administrative Code Title 450) may petition for a suspension of a particular rule or rules as applied for by the petitioner if necessary for the petitioner to undergo performance improvement studies to determine the validity of the rule or rules and such study is being funded by either a state or federal authority.
(b) In petitioning ODMHSAS for a declaratory ruling, the following procedures must be followed:
(1)
The petition must be in writing and submitted to the Rules Liaison of ODMHSAS in person at 2000 N. Classen, Suite E600, Oklahoma City, OK 73106;
(2)
The petition shall state with specificity the rule or rules in question;
(3)
The petition shall state clearly and with specificity the bases for the suspension, the funding source of the study, and the time period the suspension will be needed; and
(4)
The petitioner or petitioner's authorized representative shall print his or her name address and telephone number on the petition and sign it.
(c) The petition will be stamped upon receipt by ODMHSAS to show the date of submission. The petition shall be referred to the appropriate staff persons to make a recommendation to the Commissioner, who shall issue a ruling within 30 days.
(d) The petitioner shall be notified whether the suspension is granted in writing by the U.S. Mails, certified mail, return receipt requested.
The purpose of this Part is to delineate the criteria for eligibility for entities to contract with the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) for the provision of mental health, substance abuse, eating disorder, gambling addiction, narcotic treatment, and residential care services to the public as permitted or required under Title 43A of the Oklahoma Statutes.
This part is applicable to all entities presently under contract with ODMHSAS to provide mental health, substance abuse, eating disorder, gambling addiction, narcotic treatment, and residential care services; and to all entities which may either be, or desire to be, considered for such contracts.
The criteria for eligibility to contract with the ODMHSAS are as follows:
(1)
The entity shall exist in conformity with Oklahoma Statutes regulating said entity, and provide such proof. In addition, if said entity purports to be a not for profit corporation, the proof of exemption from federal taxes under the U.S. Internal Revenue Service Code shall be made.
(2)
Revocation or non-renewal of an entity's certification by ODMHSAS shall result in contract termination for any service requiring such certification as of the date of ODMHSAS action.
(a) All staff who provide clinical or supportive services for an agency contracting with ODMHSAS shall have documented qualifications, licensing or training specific to the clinical services they provide.
(b) The following service providers, as defined in 450:1-1-1.1, may provide behavioral health treatment and support services as agreed upon per contract between ODMHSAS and the contractor:
(1) Behavioral Health Aide (BHA);
(2) Behavioral Health Case Manager (CM);
(3) Certified Alcohol and Drug Counselor (CADC);
(4) Employment Consultant (EC);
(5) Gambling Treatment Professional (GTP)/Certified Problem Gambling Treatment Counselor;
(6) Intensive Case Manager (ICM);
(7) Licensed Behavioral Health Professional (LBHP);
(8) Licensure Candidate;
(9) Licensed Mental Health Professional (LMHP);
(10) Licensed Physician;
(11) Licensed Practical Nurse;
(12) Paraprofessional;
(13) Psychiatrist;
(14) Peer Recovery Support Specialist (PRSS)
, including Family
PRSS
;
(15) Registered Nurse; and
(16) Support Services Provider (SSP).
(c) Compliance with 450:1-3-5 shall be determined by a review of staff personnel files and other supporting documentation provided.
(d) Failure to comply with 450:1-3-5 will result in the initiation of procedures to deny, suspend and/or revoke certification.
The purpose of this Part is to describe the contracts and contracting processes of ODMHSAS for the provision of mental health, substance abuse, eating disorder, gambling addiction, narcotic treatment, and residential care services to the public.
This Part is applicable to all entities presently under contract to provide mental health services, substance abuse services, community-based structured crisis services, eating disorder services, gambling addiction services, narcotic treatment services, and residential care services, and to all entities which may either be, or desire to be, considered for such contracts.
Contracts are in a standardized form and format as determined by ODMHSAS which may be revised from year to year to meet changing state and federal statutes and regulations, and the requirement of ODMHSAS to fulfill its functions and responsibilities).
With regard to competitive bidding:
(1)
Contracts which are not based upon fixed uniform rates shall be competitively bid unless said contract is exempt from competitive bidding.
(2)
Contracts based upon fixed uniform rates, which have been previously approved by the Department of Central Services, set by the Board, on the recommendation of the Commissioner of ODMHSAS, are not subject to competitive bidding [74 O.S. § 85.7 (11)].
Contracts shall require performance of specific service(s) to be performed). Where the services cannot be broken down into units, specifically measurable and reviewable services shall be stated. Additionally, contracts may contain requirements of performance based upon measurable quality outcome indicators.
(a) Contracts for community mental health services, substance abuse services, community-based structured crisis services, eating disorder services, gambling addiction services, narcotic treatment services, and residential care services are considered during the third (3rd) and fourth (4th) quarter of the ODMHSAS fiscal year, for contracting in the following fiscal year.
(b) Consideration for renewal shall include a review of performance of the current contract including, but not limited to, measurable outcome indicators, target populations served, levels of performance of specific services, the existence of any patients' rights violations, and cost effectiveness of the delivery of services.
(c) If ODMHSAS determines the contractual relationship shall be renewed, it shall be in a new contract for the upcoming fiscal year and may or may not contain the same terms, conditions, form and format as the previous contract.
Reimbursements to contractors for mental health, substance abuse, eating disorder services, gambling addiction services, narcotic treatment services, and residential care services shall be considered and set in the manner described as follows:
(1)
Contractors shall annually, or as otherwise prescribed, submit to ODMHSAS a uniform cost report in the form and format determined by ODMHSAS, and within time-frames established by ODMHSAS.
(2)
ODMHSAS staff shall review and analyze these cost reports, requesting where deemed necessary the submission of supporting clarifying information within fifteen (15) days of said request.
(3)
ODMHSAS staff may recommend to the Board fixed uniform rates for services, taking into consideration variables such as average costs, appropriate inflationary factors, capitation methods, performance outcome measures, staff credentials and available funding.
(4)
Prior to submitting to the Board the proposed rates or changes to existing rates, the following shall occur:
(A)
The ODMHSAS shall provide written notice of an open hearing on the proposed fixed rates to each applicable contractor of record.
(B)
The ODMHSAS shall conduct, and make a summary of, the scheduled open hearing.
(5)
Consideration of the proposed fixed rate by the Board shall not occur until the Director of Department of Central Services has been provided with, pursuant to 74 O.S. § 85.7:
(A)
Thirty (30) days written notice of the Board Meeting to consider the uniform rates of reimbursement;
(B)
A copy of the Board Meeting agenda item(s) concerning the proposed rate(s); and
(C)
All supporting documentation and materials regarding the reimbursement rates being proposed.
(6)
The Board shall, at the meeting referenced in (5)(A) and (B) of this section, separately consider each proposed fixed and uniform rate of reimbursement. These rates, if adopted, shall then take effect on a date determined by the Board when the rates are considered for adoption; and remain in effect until subsequent Board action.
(7)
All revisions shall be examined, proposed, considered and adopted pursuant to this section.
(8)
Where a fixed rate is already authorized by the Department of Central Services according to the provisions of 74 O.S. § 85.7, ODMHSAS, through its Commissioner, may adopt and utilize said fixed rate without Board approval.
(a) Article II of the Administrative Procedures Act ("APA"), 75 O.S. §§ 308a,
et seq.
, governs individual proceedings by ODMHSAS or the Board for revocation and suspension of certification or for reprimand of certified facilities.
(b) Further, this chapter sets forth the procedural aspects of individual proceedings and hearings provided for in accordance with the Administrative Procedures Act.
The Board directs that ODMHSAS may bring an individual proceeding against any person or entity certified by the Board or ODMHSAS for violation of Title 43A of the Oklahoma Statutes or the rules of the ODMHSAS as set forth in Title 450 of the Oklahoma Administrative Code.
The following administrative sanctions may be taken against a respondent:
(1)
Revocation of certification
(2)
Reduction in certification
(3)
Suspension of certification
(4)
Reprimand
(a)
Petition and Notice.
In the event the Commissioner determines action should be taken, an individual proceeding may be initiated by filing a petition and notice with the Hearing Clerk for ODMHSAS, who shall be designated by the Commissioner, and by serving the petition on all respondents. The petition and notice shall include a statement of the legal authority and jurisdiction under which the action is taken, reference to the statutes and rules involved, a short and plain statement of the matters asserted and the relief requested. The petition may allege facts by attaching and incorporating a document by reference. The petition and notice shall commence and become effective fifteen (15) calendar days after receipt of said notice by the respondent, unless the respondent timely files a written request for a hearing with ODMHSAS.
(b)
Request for hearing.
A request for hearing will be timely filed if said request is in writing and received by the Hearing Clerk of ODMHSAS within ten (10) calendar days of the date the party received the petition and notice. If a timely written request for a hearing is not filed by the respondent, the allegations in the petition shall be deemed confessed by the respondent and the action will become final as set forth herein. If the written request for hearing is timely filed, such hearing shall be scheduled before an Administrative Hearing Officer at least fifteen (15) days from the date said request is filed, and the parties shall be notified of the date, time and place of the hearing. If an emergency exists, a hearing may be conducted without the filing of a petition and without waiting fifteen (15) days.
(a)
Service.
The petition and notice shall be served on the respondent(s) personally or by certified mail, return receipt requested to the address of the respondent(s) on file with the Department.
(b)
Proof of service.
Proof of service shall be filed with the hearing clerk.
(c)
Substitute service.
If the Department is unable to obtain service on a respondent, the petition and notice shall be mailed by regular mail to the last known address of the respondent, and the Department shall file an affirmation service was attempted.
(d)
Service of other papers and documents.
Service of all other papers and documents connected with an individual proceeding shall be served on the parties or their counsel by delivering a copy or via regular mail or facsimile.
When the Commissioner or Hearing Officer finds that the public health, safety or welfare requires action be taken immediately and when such a finding is incorporated in an order, emergency action or summary suspension of a certification may be ordered pending the filing of a petition or the outcome of an individual proceeding.
The order of procedure in all individual proceedings shall generally be governed by the APA, Oklahoma Pleading Code and the Oklahoma Discovery Code. Any matter of practice or procedure not specified will be guided by the practice and procedure followed by the district courts of this state.
A pre-hearing conference may be ordered and scheduled by the Hearing Officer on his own motion or upon the request of any party. The Hearing Officer may authorize the conference to occur by teleconference. The subjects and objectives of the pre-hearing conference shall be similar to those for pretrial proceedings in district courts.
(a)
Continuance by ODMHSAS.
The Hearing Officer may continue or adjourn the proceedings at any time for a specified time, with notice or motion.
(b)
Continuance by motion of parties.
Except for good cause shown, or by agreement of all parties, no continuance will be granted upon motion of a party unless written request therefore is filed and served on all parties of record and filed with the Hearing Clerk at least seven (7) days prior to the date set for hearing. A stipulation for continuance among all parties of record ordinarily will be approved, unless the Hearing Officer determines that the public interest requires otherwise.
(a)
Purpose.
Discovery is designed to enable a party to obtain relevant information needed for presentation of the party's case. This section is intended to provide a simple method of discovery.
(b)
Explanation.
Discovery is a process apart from the hearing whereby a party may obtain information from another person which has not otherwise been provided. This information is obtained for the purpose of assisting the parties in developing, preparing and presenting their cases.
(c)
Methods.
Discovery shall be conducted generally in accordance with Section 315 of the APA and as set forth in the Oklahoma Discovery Code. Additionally, the Hearing Officer may enter specific orders directing the conduct of discovery.
(a) The Hearing Officer at the hearing or at anytime upon application of a party, with or without notice, may make such orders relating to discovery as may be necessary or appropriate for the protection of the parties, and to prevent hardship to and excessive burden upon a party. Such orders may, among other subjects, limit the scope of depositions, prohibit questions or subjects of inquiry, require or excuse answers to questions on deposition, limit or excuse, in whole or in part, production of documents or answers to interrogatories, and shorten or extend the time within which any act shall be performed. Disclosure of consumer identification shall only be ordered pursuant to state and federal law.
(b) The Hearing Officer may make appropriate orders, including dismissal of a proceeding or denial of relief, as may be warranted for failure or refusal to comply with an order issued pursuant to this rule.
(a)
Issuance and service.
Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Hearing Clerk upon request by a party. As an officer of the court, an attorney authorized to practice law in Oklahoma may also issue and sign subpoenas. Filing a formal request for the issuance of subpoenas shall not be required. Subpoenas shall be served and a return made in the same manner as provided in the Oklahoma Pleading Code, 12 O.S. § 2004.1.
(b)
Failure to obey.
Either party may seek an appropriate judicial proceeding to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing or who refuse to answer a proper question during a hearing. The hearing shall proceed despite any such refusal but the Hearing Officer may, in his or her discretion, continue the proceedings as necessary to secure a court ruling.
(c)
Motions to quash.
Any person to whom a subpoena is directed, may file a motion to quash or limit the subpoena with the Hearing Clerk, setting forth the reasons why the subpoena should not be complied with or why it should be limited in scope and the Hearing Officer will rule on the motion.
(a)
Open to public.
Every hearing before ODMHSAS shall be conducted by the designated Hearing Officer. All hearings shall be open to the public unless a protective order is entered for protection of consumer confidentiality; however, upon motion of a party to the proceeding, the Hearing Officer may exclude from the hearing room any witness not at that time under examination. A party to the proceeding and that party's attorney may not be excluded.
(b)
Record.
All testimony shall be taken on the record unless otherwise designated by the Hearing Officer. An electronic recording of the hearing proceedings shall be made. The recording will not be transcribed as a matter of course. The electronic recording of ODMHSAS shall be the official record. Copies of the recordings shall be provided to a party on written request. The cost of transcription, if done, shall be borne by the party having the recording transcribed.
(c)
Court reporter.
A party may have the proceeding transcribed by a court reporter at the expense of the party. Each party requesting copies shall make arrangements for such with the reporter, and pay the costs.
(d)
Maintenance of the record.
The record of a proceeding and the file containing the notices and the pleadings will be maintained by the Hearing Clerk in a location designated by the Hearing Clerk. All pleadings, motions, orders and other papers submitted for filing in an individual proceeding shall be stamped with the date filed by the Hearing Clerk upon receipt.
(e)
Designation on appeal.
On an appeal to district court, the parties may designate and counter-designate portions of the record to save costs, following the procedures in the APA.
(a)
Exercise of authority.
The Commissioner shall appoint at least one individual who is a licensed attorney to act as the Administrative Hearing Officer in individual proceedings filed before the Department of Mental Health and Substance Abuse Services.
(b) The Administrative Hearing Officer shall conduct fair and impartial hearings and take all necessary action to avoid delay in the disposition of all proceedings. He or she shall have all powers necessary to that end unless otherwise limited by law, including but not limited to, the authority to:
(1)
Administer oaths and affirmations;
(2)
Rule upon objections and offers of proof and receive relevant evidence;
(3)
Rule upon the institution of discovery procedures as appropriate;
(4)
Convene a hearing as appropriate, regulate the course of the hearing, examine any witness in order to clarify issues; maintain decorum and exclude from the hearing any disruptive persons;
(5)
Exclude from the hearing any witness whose later testimony might be colored by testimony of other witnesses or any person whose presence might have a chilling effect on testifying witness;
(6)
Rule on all motions, witness and exhibit lists and proposed findings;
(7)
Require the filing of memoranda of law and the presentation of oral argument with respect to any question of law;
(8)
Order the production of evidence and the appearance of witnesses whose testimony would be relevant, material and non-repetitious;
(9)
Make inquiries of the parties or witnesses for the purpose of clarification or fact findings to insure a fair and impartial decision;
(10)
Render decisions pursuant to the particular action taken;
(11)
May require, or allow, the filing of briefs by the parties, and may designate the order and time for filing briefs and reply briefs;
(12)
Close the record when all interested parties have had the opportunity to be heard and to present evidence; and
(13)
Issue findings and orders.
(c)
Disqualification of hearing officer.
(1)
The Administrative Hearing Officer shall withdraw from any individual proceeding in which he cannot accord a fair and impartial hearing or consideration, stating on the record the reasons therefore, and shall immediately notify all parties of the withdrawal.
(2)
Any party may file a motion requesting the Administrative Hearing Officer withdraw on the basis of personal bias or other disqualification and specifically setting forth the reasons for the request. This motion shall be filed as soon as the party has reason to believe there is a basis for the disqualification. The Administrative Hearing Officer shall rule on said motion.
The Hearing Officer may impose sanctions upon the parties as necessary to serve the ends of justice.
(a)
Appearances and default.
At the hearing, every party shall announce an appearance. An individual may appear on their own behalf or be represented by an attorney. A corporation must be represented by counsel. Any respondent who fails to appear as directed, after service of the petition and notice of hearing as provided by these rules, may be determined to have waived the right to appear and present a defense to the allegations contained in the petition, and the Hearing Officer may default the party and issue an order sustaining the allegations.
(b)
Preliminary matters.
The following shall be taken up prior to receiving evidence:
(1)
The ODMHSAS and other parties may offer preliminary exhibits, including pleadings necessary to present the issues to be heard.
(2)
Ruling shall be made on any pending motions, including requests for delivery of documents.
(3)
Stipulations of fact and stipulated exhibits shall be received.
(4)
Parties shall make opening statements where appropriate.
(5)
Any other preliminary matters appropriate for dispositions prior to offers of evidence.
(c)
Rules of evidence.
The rules of evidence shall be those specified by the APA.
(d)
Presentation of the case.
At the hearing, each party may make a brief opening statement, present witnesses and exhibits, cross-examine adverse witnesses, and make closing arguments.
(a)
Issuance and services of order.
Not more than twenty (20) calendar days after conclusion of the hearing, the Hearing Officer shall issue a proposed order with findings of fact and conclusions of law. If ODMHSAS proves its allegations in the petition and notice by clear and convincing evidence, the Hearing Officer shall issue an order sustaining the allegations. If ODMHSAS does not meet its burden, the Hearing Officer shall issue an order in favor of the respondent(s). The Hearing Clerk shall file and serve the proposed order on ODMHSAS and respondent(s) by certified mail, return receipt requested.
(b)
Appeal.
A party may appeal a Hearing Officer's Order to the ODMHSAS Board.
(1)
Request for hearing. The Hearing Officer's order shall become final unless a party files and serves a written request for hearing by the ODMHSAS Board with the Hearing Clerk within fifteen (15) calendar days of the filing of the order.
(2)
Briefs and exceptions. In the event a hearing by the Board is requested, all parties will be given the opportunity to file briefs and exceptions to the Hearing Officer's Order.
(3)
Hearing. When a request for hearing is filed, the matter will be set on the agenda for the next Board meeting, unless the request is filed fifteen (15) calendar days or less prior to the next scheduled Board meeting, in which case it will be set for the on the agenda of the following meeting. The party requesting the hearing shall file any brief it wishes the Board to consider along with the request for hearing. The other party will then have ten (10) days to file its response. At the Board meeting, the parties shall be permitted to present oral argument. The length of oral argument shall be determined by the chair of the Board. Upon conclusion of oral argument by the parties, the Board may convene in executive session to deliberate the matter.
(4)
Issuance of decision. The Board shall issue its decision within thirty (30) calendar days after the hearing before the Board.
(5)
Appeal. A party may appeal the Board's decision as provided in the APA.
Unless precluded by law, individual proceedings may be resolved by agreed settlement or consent order, with the concurrence of the Commissioner, or the Chief Operating Officer or the Hearing Officer.
The cost of certification review, the record, and administrative sanction proceedings shall be advanced by ODMHSAS. Where a certification review results in an administrative sanction, the cost of the certification review, the record, and administrative sanction proceedings shall be surcharged against the sanctioned party. Costs of administrative sanction proceedings shall include costs of prosecution of the sanction imposed. Reapplication for consideration of certification will not be considered unless and until the sanctioned party pays such costs to ODMHSAS.
The purpose of this Subchapter is to set forth the rules of the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) with regard to the charges for services within ODMHSAS operated facilities
This Subchapter is applicable to all ODMHSAS operated facilities and to entities contracting with ODMHSAS under OAC 450:1 Subchapter 3.
At least annually ODMHSAS shall review all charges for services provided at its facilities, and, if warranted, shall propose a change in the rate of charges for any services(s), based upon the cost of providing said services, or changes in the method/form of reimbursement under the U.S. Social Security Act Titles for Medicare and Medicaid.
(a) A consumer at a facility within the Department is responsible for payment and liable for his care and treatment unless he or she has received a waiver of the indebtedness from the Department.
(b) A consumer at a facility within the Department shall be granted a waiver from payment for services if the following criteria are met:
(1)
The individual must be in need of behavioral health services. An individual shall be considered to be in need of behavioral health services if treatment is needed to stabilize, reduce or eliminate the symptoms of, or prevent worsening of any of the following conditions for which a facility within the Department offers treatment needed based on the diagnosis and level of care:
(A)
A diagnosable behavioral health condition as defined by the current DSM, excluding a sole diagnosis of developmental disorders or dementia disorders;
(B)
A presenting problem(s) that indicates a behavioral health illness or condition;
(C)
A level of functioning that indicates the need for behavioral health treatment based on a standard assessment instrument; or
(D)
A behavioral health crisis.
(2)
The individual must be uninsured. An individual shall be considered uninsured if one of the following applies:
(A)
The individual is not covered by private or public insurance and receives no insurance benefits for behavioral health services;
(B)
The individual has used all available benefits or coverage allowed for behavioral health services;
(C)
The individual has limited benefits for behavioral health services, but the service(s) needed by the individual are not covered by the individual's insurance or plan; or
(D)
Except for housing and vocational services, persons receiving behavioral health services through a health maintenance organization are considered to be fully covered for behavioral health services and are not eligible for a waiver of liability.
(3)
The individual is indigent. An individual shall be considered indigent if he or she is at or below 200% of the Federal Poverty Guidelines based solely on the individual's applicable income. The indigence requirement does not apply to persons receiving emergency services or to persons seventeen (17) years of age or younger.
(A)
"Income" is total annual cash receipts before taxes from all sources, and includes money wages and salaries before any deductions, net receipts from self-employment, regular payments from social security, railroad retirement, unemployment compensation, strike benefits from union funds, workers' compensation, veterans' payments, public assistance (including Temporary Assistance for Needy Families and Supplemental Security Income), training stipends; alimony, child support, military family allotments or other regular support from an absent family member or someone not living in the household, private pensions, government employee pensions, regular insurance or annuity payments, college or university scholarships, grants, fellowships and assistantships, dividends, interest, net rental income, net royalties, periodic receipts from estates or trusts, and net gambling or lottery winnings.
(B)
"Income" does not include non-cash benefits, such as the employer-paid or union-paid portion of health insurance or other employee fringe benefits, food or housing received in lieu of wages, the value of food and fuel produced and consumed on farms, the imputed value of rent from owner-occupied non-farm or farm housing, and federal non-cash benefit programs such as Medicare, Medicaid, food stamps, school lunches, loans and housing assistance.
(C)
Adjustments to "income" are allowed for the following:
(i) Child care allowance for dependent children under the age of fourteen (14). The amount of $200 for each child under the age of two (2), and $175 for each child under the age of fourteen (14) can be deducted from "income" to calculate total adjusted "income". If the family has children, there is no verification requirement.
(ii) Working adult allowance for working adults in the household. The amount of $240 for each working adult can be deducted from "income" to calculate total adjusted "income". "Working adult" is defined as a person age eighteen (18) or older with earned income (adult children in the household are not eligible to be counted for this deduction). There is no verification requirement for this deduction.
(c) Before any waiver of liability is granted, a report or questionnaire must be prepared which indicates the demographic information including the consumer's name, address if any, telephone number if any, and social security number, the consumer's income, number of dependents and third-party insurance or payer information. Income must be verified by the facility obtaining one of the following:
(1)
The consumer's Internal Revenue Service Form W-2 from the previous year;
(2)
The consumer's federal or state income tax return from the previous year;
(3)
Two recent, consecutive paycheck stub(s) showing the pay date, hours worked, types of pay and gross rate of pay;
(4)
A Medicaid card; or
(5)
Any government document that verifies income.If the facility is unable to verify the consumer's income by an independent source, the consumer or a family member of the consumer must sign an income verification statement before a waiver of liability may be granted.
(d) The executive director of the facility within the Department or his or her designee shall make a determination of whether the consumer meets the criteria for waiver of liability and sign a statement, which must be placed in the consumer's record at the facility, of the reasons for the waiver.
This subchapter applies to all entities and individuals which are subject to certification by the Board, or the Commissioner or designee.
The purpose of ODMHSAS certification is to assess each facility's responsibility to the consumer, and delivery of acceptable services to the consumer. Responsibility to the consumer is demonstrated through the provision of suitable facilities, trained staff and needed services which are accessible, safe and confidential. In addition to the above, is demonstrated by the willingness and ability of the facility's governing authority and staff to provide the planning, budgeting and management of resources necessary to the continued existence and effectiveness of the facility/services.
(a) The Board may certify community mental health centers, community residential mental health facilities, community-based structured crisis centers, eating disorder treatment programs, alcohol and drug treatment programs, outpatient mental health treatment programs (mental illness treatment programs), comprehensive addiction treatment centers, programs of assertive community treatment, gambling addiction treatment programs, and narcotic treatment programs as cited in Section 450:1-9-1, and directs that such shall be carried out as stated in this subchapter.
(b) The Commissioner or designee may approve certifications subsequent to initial certifications for Permits for Temporary Operations, and probationary certifications. Such certifications must be presented at the next ODMHSAS Board meeting for Board review and confirmation. In the event the Board does not confirm the certification status granted by the Commissioner or designee, the certification shall expire no later than thirty (30) days from the Board's action as stipulated in a written notice provided to the organization for which the certification was denied.
(c) The Board, or the Commissioner or designee, may also certify qualified individuals to perform within the scope of specific functions to provide treatment or support services related to behavioral health services. Certification of individuals shall be carried out as stated in OAC 450: 1 and in accordance with applicable requirements specified in other chapters of OAC 450.
(d) The Commissioner of ODMHSAS may grant or extend a Permit for Temporary Operations to respond to unplanned changes that create an emergency need for service provision in the public behavioral health delivery system for services operated by or funded by ODMHSAS.
(1)
Provider Certification shall conduct a site review at the designated facility which must meet the minimal compliance requirements as cited in 450:1-9-7.
(2)
The application procedure for completion of the certification process shall be accomplished in accordance with 450:1-9-6 and 450:1-9-7.
(3)
The Permit for Temporary Operations emergency certification status granted to the facility by the Commissioner as described above must be presented at the next ODMHSAS Board meeting for Board review and confirmation. In the event the Board does not confirm the Temporary Certification status granted by the Commissioner, the Permit for Temporary Operations expire no later than thirty (30) days from the Board's action as stipulated in a written notice provided to the organization for which the Permit was denied.
(a) Qualifications for certification of facilities and programs providing mental health, substance related, or addictive disorder treatment services are as follows:
(1) Substantial compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those Core Organizational Standards, Core Operational Standards and Quality Clinical Standards formally codified in Title 450 regulating the area for which certification is sought:
(A) Chapter 16, Standards and Criteria for Community Residential Mental Health Facilities;
(B) Chapter 17, Standards and Criteria for Community Mental Health Centers;
(C) Chapter 18, Standards and Criteria for Substance Related and Addictive Disorder Treatment Services;
(D) Chapter 21,
Alcohol and Drug Substance Abuse Courses (ADSAC) and
Assessments;
(E) Chapter 23, Standards and Criteria for Community Based Structured Crisis Centers;
(F) Chapter 24, Standards and Criteria for Comprehensive Community Addiction Recovery Centers;
(G) Chapter 27, Standards and Criteria for Mental Illness Service Programs;
(H) Chapter 55, Standards and Criteria for Programs of Assertive Community Treatment;
(I) Chapter 60, Standards and Criteria for Certified Eating Disorder Treatment Programs;
(J) Chapter 65, Standards and Criteria for Gambling Treatment Programs; and
(K) Chapter 70, Standards and Criteria for Opioid Substitution Treatment Programs.
(2)
With the exception of facilities and programs certified under Chapter 21 of thi
s
Title,
substantial compliance with applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards set forth in OAC 450:1-9-5.4, OAC 450:1-9-5.5 and OAC 450:1-9-5.6. Core Organizational Standards, Core Operational Standards and Quality Clinical Standards address separate requirements as follows:
(A) Core Organizational Standards address requirements necessary to assure the public and consumers of services that essential organizational functions are substantially in place at the facility and the facility is prepared to initiate services for which certification is being requested. These requirements can be verified prior to the initiation of services for which the organization is requesting certification.
(B) Core Operational Standards address other essential conditions and processes that must be in place to assure basic safety and protection of consumer rights. Some of these requirements can also be verified prior to the initiation of service. Others must be verified when an organization begins providing services.
(C) Quality Clinical Standards address actual services provided, qualifications of staff, clinical documentation, and processes designed to assure consistency in quality and efficacy of services. These requirements can only be verified after a reasonable time during which services have been provided.
(3) Substantial compliance with applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards will be evaluated by assessing each program or facility's level of compliance with applicable standards. Standards will have separate minimum compliance thresholds based on their categorization as critical or necessary in accordance with 450:1-9-5.7. Critical and Necessary Standards are defined as follows:
(A) Critical Standards are standards that have the potential to significantly impact the safety, well-being, and/or rights of consumers, or consumers' access to appropriate services.
(B) Necessary Standards are standards that are important for the organization's overall functioning but generally do not have a significant, immediate impact on consumers.
(4) Compliance with all applicable Core Organizational Standards, Core Operational Standards and Quality Clinical Standards will be evaluated in the manner and methods prescribed by ODMHSAS. Compliance methods include, but are not limited to, on-site inspections and observation, staff interviews, and review of relevant records and documentation as determined by ODMHSAS. The determination of whether an individual standard is deemed compliant may be done on a pass/fail basis or as a minimum percentage of required elements. Failure to provide documentation or access requested by ODMHSAS will be grounds for disciplinary action. Failure to demonstrate substantial compliance with applicable standards will result in immediate suspension and/or revocation.
(5) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure, other licenses, or permits required of organizational entities.
(b) A certified Community Mental Health Center that provides alcohol and drug treatment services in the course of its outpatient or inpatient services, but has no designated or specialized alcohol and drug abuse treatment program component, shall not be subject to additional certification under Chapter 18 of this Title.
(c) A certified Community Mental Health Center providing alcohol and drug abuse treatment services as a designated or specialized program component shall be subject to certification under Chapter 18 or Chapter 24 of this Title.
(d) Qualifications for certification of individuals providing alcohol and drug course instruction or assessments are as follows:
(1) Compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those formally codified in Title 450, Chapter 21, Alcohol and Drug Substance Abuse Courses (ADSAC) and Assessments.
(2) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure and other licenses or permits.
(e) Qualifications for certification of individual providers of mental health, substance use, or addictive disorder services are as follows:
(1) Compliance with applicable Standards and Criteria as authorized within the authority of Title 43A of the Oklahoma Statutes, including but not limited to those formally codified in Title 450 regulating the area for which certification is sought:
(A) Chapter 50, Standards and Criteria for Certified Behavioral Health Case Managers;
(B) Chapter 53, Standards and Criteria for Certified Peer Recovery Support Specialists; and
(C) Chapter 75, Standards and Criteria for Certified Problem Gambling Treatment Counselors.
(2) An applicant for certification must also comply with all other applicable statutory licensing provisions, including but not limited to individual professional licensure and other licenses or permits.
(a)
Governing Authority.
With the exception of facilities certified under Chapter 16 of this Title, all facilities and programs shall have documents of authority, which shall be available to the public and ODMHSAS upon request. Documents of authority shall identify the duly constituted authority and governance structure for assuring legal responsibility and for requiring accountability for performance and operation of the facility (including all components and satellites). The documents of authority shall indicate:
(1)
Eligibility criteria for governing body membership;
(2)
The number and types of membership;
(3)
The method of selecting members;
(4)
The number of members necessary for a quorum;
(5)
Attendance requirements for governing body membership;
(6)
The duration of appointment or election for governing body members and officers; and
(7)
The powers and duties of the governing body and its officers and committees or the authority and responsibilities of any person legally designated to function as the governing body.
(b)
Organizational Description.
All facilities and programs shall have a written organizational description which is approved by its governing authority. The facility or program shall make the organizational description available to staff and, upon request, to the public. The organizational description shall minimally include descriptions of:
(1)
Population(s) to be served;
(2)
The overall program mission statement;
(3)
The goals and objectives for the program, including the goal of continued progress in providing evidence-based practices; and
(4)
The specific geographic area in which services are provided for programs certified under Chapter 55 of this Title.
(c)
Personnel Policies and Procedures.
(1)
All facilities and programs shall have written personnel policies and procedures. With the exception of facilities certified under Chapter 16 of this Title, these policies and procedures shall be approved by the governing authority.
(2)
All employees shall have access to personnel policies and procedures, as well as other rules and regulations governing the conditions of their employment.
(3)
The facility or program shall develop, adopt, and maintain policies and procedures at each provider location to provide for qualified personnel during all hours of operation.
(4)
There shall be job descriptions for all positions setting forth minimum qualifications and duties of each position.
(d)
Utilization of Volunteers.
(1)
In facilities and programs where volunteers are utilized, specific policies and procedures shall be in place to define the purpose, scope, training, supervision and operations related to the use of volunteers.
(2)
There shall be documentation to verify orientation of each volunteer which shall enable him or her to have knowledge of program goals, and familiarity with routine procedures.
(3)
All volunteers must receive in-service training pursuant to OAC 450:1-9-5.6(b).
(e)
Information Analysis and Performance Improvement.
(1)
With the exception of facilities certified under Chapter 16 of this Title, all facilities and programs shall have an ongoing information analysis and performance improvement system in order to objectively and systematically monitor, evaluate, and improve consumer outcomes and organizational performance.
(2)
The system shall also address the fiscal management of the facility or program.
(3)
Each facility and program shall prepare a year-end management report annually which shall include, at a minimum:
(A)
An analysis of consumer outcomes and organizational processes, including:
(i) A quarterly quality consumer record review to evaluate the quality of service delivery, including:
(I) Appropriateness of services;
(II) Patterns of service utilization;
(III) Consumer involvement in service planning;
(IV) Assessment processes;
(V) Service planning procedures and compliance;
(VI) Alignment between services provided and treatment goals;
(VII) Service documentation procedures and compliance; and
(VIII) Alignment between services provided and billed service encounters.
(ii) A review of staff privileging processes;
(iii) A review of critical incidents and consumer grievances and complaints;
(iv) An assessment of service provision, including the provision of trauma-informed, co-occurring capable, culturally competent, and consumer-driven services; and
(v) Consumer satisfaction.
(B)
Identified areas of improvement; and
(C)
Strategies that will be implemented to address areas of improvement.
(4)
The management report shall be made available to consumers, staff, the governing authority and ODMHSAS upon request.
(f)
Special Populations.
(1)
Under Titles 11 and 111 of the Americans with Disabilities Act of 1990, all facilities shall comply with the "Accessibility Guidelines for Buildings and Facilities (ADAAG) for alterations and new construction." State and local standards for accessibility and usability may be more stringent. Facilities shall assume responsibility for verification of all applicable requirements and comply with the most stringent standards.
(2)
All facilities and programs shall have written policy and procedures for providing or arranging for services for persons who fall under the protection of the Americans with Disabilities Act of 1990 and provide documentation of compliance with applicable Federal, state, and local requirements. A recommended reference is the "Americans with Disabilities Handbook" published the in U.S. Equal Employment Opportunities Commission and the U.S. Department of Justice.
(3)
All facilities shall have a policy of non-discrimination against persons with Human Immunodeficiency Virus (HIV) and persons with Acquired Immunodeficiency Syndrome (AIDS).
(a)
Physical facility environment and safety.
(1)
All facilities shall have written policies and procedures to ensure the safety and protection of all persons within the facility's physical environment, including all leased or owned property and buildings.
(2)
All facilities shall be in compliance with applicable fire and safety regulations, codes, and statutory requirements of the federal, state, and local government. This shall include, but not be limited to, the Universal Precautions for Transmission of Infectious Diseases from the Occupations Safety Health Administration (OSHA).
(3)
All facilities shall have an annual fire and safety inspection from the State Fire Marshal or local fire department which documents approval for continued occupancy. All facilities shall keep a copy of the inspection documentation and any correspondence regarding any deficiency at the facility.
(4)
All facilities shall have an emergency preparedness plan to meet the needs of consumers, visitors, and staff during a disaster. The emergency preparedness plan shall be evaluated annually and shall, at a minimum, address:
(A)
Fires;
(B)
Floods;
(C)
Tornadoes;
(D)
Explosions;
(E)
Chemical spills; and
(F)
Prolonged loss of heat, light, water, and air conditioning.
(5)
All facilities shall have a designated Safety Officer.
(6)
There shall be written plans and diagrams posted prominently noting emergency evacuation routes and shelter locations.
(7)
All facilities shall have fire alarm systems. All alarms shall be in working order and have visual signals suitable for individuals with a hearing impairment.
(8)
There shall be emergency power to supply lighting throughout each location where consumers receive services.
(9)
Storage of dangerous substances (toxic or flammable substances) shall be in locked, safe areas or cabinets.
(10)
There shall be a written plan for the protection and preservation of consumer records in the event of a disaster.
(11)
If the facility serves children or adolescents in any form of residential care, there shall be outside play and recreational space and equipment provided which:
(A)
Is protected and free from hazards;
(B)
Is safely accessible from indoors;
(C)
Has supplies and equipment maintained safely; and
(D)
Has some shade provided.
(b)
Hygiene and sanitation.
(1)
Residential facilities shall provide the following services and applicable supporting documentation:
(A)
Toilet facilities in a minimum ratio of one (1) per eight (8) resident beds. Each toilet facility shall include a sink in the same room or immediately adjacent thereto;
(B)
Bathing facilities in a minimum ratio of one (1) tub or shower per each eight (8) resident beds;
(C)
Sewage discharge into a municipal sewerage system or collected, treated, and disposed of in an independent sewerage system;
(D)
Regular inspections and treatment by a licensed pest control operator;
(E)
Solid waste disposal through public systems or in a manner approved by the local agency having jurisdiction and the OSDH or Department of Environmental Quality (DEQ), as necessary, with documentation from OSDH or DEQ that the solid waste disposal system is free from deficiencies if applicable;
(F)
Water obtained from an approved public water supply or tested at least quarterly and treated as necessary, thereby maintaining a determination as an approved water supply by the authority having jurisdiction and the OSDH or DEQ, as necessary, with documentation from OSDH or DEQ that the solid waste disposal system is free from deficiencies if applicable;
(G)
Linen in quantities adequate to provide at least two (2) changes of bedding each week; and
(H)
Housekeeping services that provide a hygienic environment in the facility.
(2)
Outpatient treatment facilities shall provide:
(A)
Toilet facilities in a minimum ratio of one (1) per twenty (20) persons. Each toilet facility shall include a sink in the same room or immediately adjacent thereto;
(B)
Water and sewerage in the same manner as prescribed for residential facilities; and
(C)
Housekeeping services that provide a hygienic environment in the facility.
(c)
Tobacco-free campus.
(1)
With the exception of facilities certified under Chapter 16 of this Title, all facilities shall provide a tobacco-free campus for its employees, consumers and visitors. Possession and use of any tobacco product is prohibited on the grounds of the facility by employees, consumers, volunteers and visitors.
(2)
All facilities shall visibly post signs on the property notifying consumers, employees and visitors that the visible possession and use of tobacco products is prohibited.
(3)
Facility employees shall not share tobacco or tobacco replacement products with consumers.
(4)
The facility shall offer assistance to employees who are tobacco users while employed by the facility. The facility shall have written policies describing the types of assistance offered to employees.
(5)
The facility shall inquire about consumers' tobacco use status as part of the screening and treatment planning process and be prepared to offer treatment upon request of the consumer.
(d)
Technology.
With the exception of facilities certified under Chapter 16 of this Title, all facilities and programs shall have policies and procedures regarding the use of technology and systems to support and advance effective and efficient service and business practices. The plan shall include, but not be limited to:
(1)
Hardware and software;
(2)
Security;
(3)
Confidentiality;
(4)
Backup policies;
(5)
Assistive technology;
(6)
Disaster recovery preparedness; and
(7)
Virus protection.
(e)
Confidentiality and information security.
(1)
All facilities and programs shall have written policies and procedures describing the conditions under which consumer information may be disclosed and the procedures for releasing such information. These conditions and procedures shall adhere to all applicable federal and state rules and statutes, including:
(A)
42 C.F.R., Part 2 and 45 C.F.R. §§ 160.101 et seq.;
(B)
43A O.S. § 1-109 and 63 O.S. § 1-502.2; and
(C)
OAC 450:15-3-20.1, OAC 450: 15-3-20.2 and OAC 450:15-3-60.
(2)
It shall be the responsibility of facility or program to safeguard client information against loss, theft, defacement, tampering, or use by unauthorized persons.
(a)
Staff qualifications.
(1) All staff who provide clinical services within facilities and programs shall have documented qualifications or training specific to the clinical services they provide.
(2) Each facility or program shall have policies and procedures for documenting and verifying the training, experience, education, and other credentials of service providers prior to their providing treatment services for which they were hired. All staff shall be documented as privileged prior to performing treatment services.
(3) All direct care staff shall be at least eighteen (18) years old.
(4) Each facility or program shall minimally perform a review each calendar year of current licensure, certifications, and current qualifications for privileges to provide specific treatment services.
(b)
Staff development and training.
(1) All facilities and programs shall have a written staff development and training plan for all administrative, professional and support staff. This plan shall include, at a minimum:
(A) Orientation procedures;
(B) In-service training and education programs;
(C) Availability of professional reference materials;
(D) Mechanisms for ensuring outside continuing educational opportunities for staff members; and
(E) Performance improvement activities and their results.
(2) In-service training shall be conducted each calendar year and shall be required within thirty (30) days of each employee's hire date and each calendar year thereafter for all employees on the following topics:
(A) Fire and safety, including the location and use of all fire extinguishers and first aid supplies and equipment;
(B) Universal precautions and infection control;
(C) Consumer's rights and the constraints of the Mental Health Patient's Bill of Rights;
(D) Confidentiality;
(E) Oklahoma Child Abuse Reporting and Prevention Act, 10 O.S. §§ 7101-7115;
(F) Facility policy and procedures;
(G) Cultural competence (including military culture if active duty or veterans are being served);
(H) Co-occurring disorder competency and treatment principles;
(I) Trauma informed service provision;
(J) Crisis intervention;
(K) Suicide risk assessment, prevention, and response; and
(L) Age and developmentally appropriate trainings, where applicable.
(3) All clinical staff, direct care staff, and/or volunteers providing direct care shall have non-physical intervention training in techniques and philosophies addressing appropriate non-violent interventions for potentially physical interpersonal conflicts, staff attitudes which promote dignity and enhanced self-esteem, keys to effective communication skills, verbal and non-verbal interaction and non-violent intervention within thirty (30) days of being hired with updates each calendar year thereafter. Staff and volunteers shall not participate in an intervention without first completing this training. This standard shall not apply to facilities or programs subject to Chapter 27 of this Title or outpatient programs subject to Chapter 18 of this Title.
(4) The local facility Executive Director shall designate which positions and employees, including temporary employees, will be required to successfully complete physical intervention training. A designated employee or volunteer shall not provide direct care services to consumers until completing this training. This standard shall not apply to facilities or programs subject to Chapter 16 or Chapter 27 of this Title, or outpatient programs subject to Chapter 18 of this Title.
(5) The training curriculum for (3) and (4) of this subsection must be approved by the ODMHSAS commissioner or designee.
(6) Each site providing residential level of care services and/or subject to Chapter 23 of this Title shall have staff during all hours of operation who maintain current certification in basic first aid and Cardiopulmonary Resuscitation (CPR).
(c)
Clinical supervision.
(1) With the exception of facilities certified under Chapter 16 of this Title, all facilities and programs shall have written policies and procedures, operational methods, and documentation of the provision of clinical supervision for all direct treatment and service staff. For facilities that employ only one service provider, supervision will be in the form of clinical consultation from a qualified service provider in the same field. These policies shall include, but are not limited to:
(A) Credentials required for the clinical supervisor;
(B) Specific frequency for case reviews with treatment and service providers;
(C) Methods and time frames for supervision of individual, group, and educational treatment services; and
(D) Written policies and procedures defining the program's plan for appropriate counselor-to-consumer ratio, and a plan for how exceptions may be handled.
(2) Ongoing clinical supervision shall be provided and shall address:
(A) The appropriateness of treatment selected for the consumer;
(B) Treatment effectiveness as reflected by the consumers meeting their individual goals; and
(C) The provision of feedback that enhances the clinical skills of service providers.
(d)
Clinical record keeping, basic requirements.
(1) All facilities and programs shall establish and maintain an organized clinical record system for the collection and documentation of information appropriate to the treatment processes; and which insures organized, easily retrievable, usable clinical records stored under confidential conditions and with planned retention and disposition.
(2) Each facility or program shall maintain an individual record for each consumer.
(3) The facility's or program's policies and procedures shall:
(A) Define the content of the consumer record in accordance with all applicable state and federal rules, requirements, and statutes;
(B) Define storage, retention and destruction requirements for consumer records in a manner that prevents unauthorized information disclosures;
(C) Require consumer records not in electronic format be maintained in locked equipment which is kept within a locked room, vehicle, or premise;
(D) Require legible entries in consumer records, signed with first name or initial, last name, and dated by the person making the entry;
(E) Require the consumer's name or unique identifier be typed or written on each page in consumer records not in electronic format;
(F) Require a signed consent for treatment before a consumer is admitted on a voluntary basis; and
(G) Require consent for release of information in accordance with federal and state laws, guidelines, and standards, including OAC 450:15-3-20.1 and OAC 450:15-3-20.2. For disclosure of information related to substance use disorder referral, payment, and follow up, a signed consent is required.
(4) If electronic clinical (medical) records are maintained, there shall be proof of compliance with all applicable state and federal rules and statutes related to electronic medical records, encryption, and other required features.
(5) ODMHSAS operated facilities shall comply with Records Disposition Schedule 82-17 as approved by the Oklahoma Archives and Records Commission.
(6) The facility or program shall assure consumer records are readily accessible to all staff providing services to consumers. Such access shall be limited to the minimum necessary to carry out the staff member's job functions or the purpose for the use of the records.
(e)
Discharge summary.
(1) A completed discharge summary shall be entered in each consumer's record within fifteen (15) days of the consumer completing, transferring, or discontinuing services. The summary shall be signed and dated by the staff member completing the summary. Consumers who have received no services for one hundred eighty (180) days shall be discharged if it is determined that services are no longer needed or desired.
(2) A discharge summary shall include, but not be limited to, the consumer's progress made in treatment, initial condition and condition of the consumer at discharge, diagnoses, summary of current medications, when applicable, and recommendations for referrals, if deemed necessary. It shall include a discharge plan which lists written recommendations and specific referrals for implementing aftercare services, including medications. Discharge plans shall be developed with the knowledge and cooperation of the consumer, when possible. This standard shall not apply to facilities certified under Chapter 16 of this Title.
(3) The signature of the staff member completing the summary and the date of completion shall be included in the discharge summary.
(4) In the event of death of a consumer, in lieu of a discharge summary, a summary statement including applicable information shall be documented in the record.
(f)
Critical incidents.
(1) All facilities and programs shall have written policies and procedures requiring documentation and reporting of critical incidents and analysis of the contributors to the incident to ODMHSAS.
(2) The documentation of critical incidents shall contain, at a minimum:
(A) Facility name and signature of the person(s) reporting the incident;
(B) Names of the consumer(s), and/or staff member(s) involved;
(C) Time, date, and physical location of the incident;
(D) Time and date incident was reported and name of person within the facility to whom it was reported;
(E) Description of incident;
(F) Severity of each injury, if applicable. Severity shall be indicated as follows:
(i) No off-site medical care required or first aid care administered on-site;
(ii) Medical care by a physician or nurse or follow-up attention required; or
(iii) Hospitalization or immediate off-site medical attention was required;
(G) Resolution or action taken and date resolution or action was taken; and
(H) Signature of the facility administrator, or designee of the facility administrator. Designees shall be identified in the facility's policy and procedures.
(3) Critical incidents shall be reported to ODMHSAS with specific timeframes, as follows:
(A) Critical incidents requiring medical care by a physician or nurse or follow-up attention and incidents requiring hospitalization or immediate off-site medical attention shall be
reported
to ODMHSAS within seventy-two (72) hours of the incident.
Critical incidents shall be reported in a form and manner prescribed by ODMHSAS.
(B) Critical incidents involving allegations constituting a sentinel event or consumer abuse shall be reported to ODMHSAS immediately
,
not to exceed
twenty-four (24) hours of the incident.
Critical incidents
shall be reported in a form and manner prescribed by ODMHSAS.
(a) The ODMHSAS may grant the following types of certification for the durations specified below.
(1)
Permit for Temporary Operations.
A Permit for Temporary Operations may be granted upon ODMHSAS's verification that the organization has substantially complied with Core Organizational Standards and Core Operational Standards applicable to the type of services for which Certification is sought. A Permit for Temporary Operations allows for the organization to begin operations so that compliance with Quality Clinical Standards may be assessed by the Department.
(A) A Permit for Temporary Operations will be granted for six (6) months and will expire upon subsequent certification achieved by the organization or upon a determination by ODMHSAS that the organization is not in substantial compliance with Quality Clinical Standards.
(B) Organizations shall notify ODMHSAS in writing no later than fourteen (14) calendar days after initiating clinical services in order to begin the compliance review of Quality Clinical Standards. Failure to provide such notification within the required timeframe may result in immediate termination of the Permit for Temporary Operation.
(C) A Permit for Temporary Operations may not be renewed. ODMHSAS may extend a Permit for Temporary Operations for no more than ninety (90) days in the event of extenuating circumstances as determined by ODMHSAS.
(D) Organizations that do not achieve subsequent Certification after obtaining a Permit for Temporary Operations must wait a minimum of ninety (90) days before making re-application.
(2)
Probationary Certification.
Probationary Certification may be awarded for a one (1) year period by ODMHSAS in cases where a program or facility has changed majority ownership or majority board composition but operations of the program or facility continue. Such programs or facilities must provide ODMHSAS with documentation of any changes in policies, procedures, personnel, services, and other documentation as requested by ODMHSAS. Upon determination by ODMHSAS that the program or facility meets the requirements of 450:1-9-5.7(a)(3) prior to expiration of the Probationary Certification, the program or facility may obtain applicable Certification.
(3)
Certification.
ODMHSAS may award Certification for a one (1) year or two (2) year period beyond the period approved for a Permit for Temporary Operations or as a renewal of a previously awarded Certification in accordance with applicable chapters as stipulated in 450:1-9-5 and when ODMHSAS determines that the organization has met substantial compliance with applicable standards.
Programs certified under Chapter 21 of this Title may be awarded a three (3) year
C
ertification
beyond the period approved for a Permit for Temporary Operations or as a renewal of a previously awarded Certification
.
To qualify for Certification, programs must meet the following:
(A) Demonstrate compliance with a minimum of ninety percent (90%) of all Critical Standards as identified in the ODMHSAS Provider Certification Manual on the initial site review, file an acceptable plan of correction in the required timeframe addressing standards for which compliance was not achieved on the initial site review, and demonstrate compliance with one hundred percent (100%) of all Critical Standards after the initial site review.
(B) Demonstrate compliance with a minimum of seventy-five percent (75%) of all Necessary Standards as identified in the ODMHSAS Provider Certification Manual on the initial site review and file an acceptable plan of correction in the required timeframe addressing standards for which compliance was not achieved on the initial site review. ODMHSAS may verify compliance with standards identified in the plan of correction at its discretion.
(C) Programs with fewer than five (5) active cases for which clinical records could be reviewed must meet the requirements in (B) above, but can be considered for no more than a one (1) year certification.
(D) Community Residential Mental Health Programs can be considered for no more than a one (1) year certification.
(E) Programs awarded a Probationary Certification are not eligible for Certification under the conditions described in 450:1-9-5.7(3) until all conditions of 450:1-9-5.7(2) have been satisfied.
(F) Programs found to have initiated operations prior to the awarding of a Permit for Temporary Operations for the services for which certification is statutorily required shall obtain the necessary Permit for Temporary Operations to continue operations. Subsequently, these programs will be eligible for Certification for a one (1) year period only for the first two (2) years of Certification. Programs that fail to obtain the necessary Permit for Temporary Operations shall be required to cease operations.
(4)
Certification with distinction.
Certification with Distinction may be awarded for up to three (3) years by ODMHSAS in accordance with applicable chapters as stipulated in 450:1-9-5 for programs seeking renewal of previously awarded certification when ODMHSAS verifies all of the following minimal conditions are satisfied:
(A) Programs must have provided services with an approved ODMHSAS Certification as described in 450:1-9-5.7(a)(3) for one (1) year or longer in addition to the time services were provided under an approved Permit for Temporary Operations.
(B) Programs must demonstrate compliance with a minimum of ninety percent (90%) of all Critical Standards as identified in the ODMHSAS Provider Certification Manual on the initial site review, file an acceptable plan of correction in the required timeframe addressing standards for which compliance was not achieved on the initial site review, and demonstrate compliance with one hundred percent (100%) of all Critical Standards after the initial site review.
(C) Programs must demonstrate compliance with a minimum of eighty-five percent (85%) of all Necessary Standards as identified in the ODMHSAS Provider Certification Manual on the initial site review and file an acceptable plan of correction in the required timeframe addressing standards for which compliance was not achieved on the initial site review. ODMHSAS may verify compliance with standards identified in the plan of correction at its discretion.
(D) ODMHSAS may refund certification renewal application fees for organizations that demonstrate 100% compliance with all standards (i.e. Core Organizational Standards, Core Operational Standards, and Quality Clinical Standards) during the initial renewal site visit and review.
(E) Community Residential Mental Health Programs can be considered for no more than a one (1) year Certification with Distinction.
(F) Programs awarded a Probationary Certification are not eligible for Certification under the conditions described in 450:1-9-5.7(4) until all conditions of 450:1-9-5.7(2) have been satisfied.
(5)
Certification with special distinction.
Certification with Special Distinction may be awarded for up to three (3) years by ODMHSAS in accordance with applicable chapters as stipulated in 450:1-9-5 for programs seeking renewal of previously awarded certification when ODMHSAS verifies all of the following minimal conditions are satisfied.
(A) The program must meet all conditions for Certification with Distinction as outlined in 450:1-9-5.7(a)(4); and,
(B) The program has attained national accreditation (COA, CARF, or TJC) for the services to which ODMHSAS Certification applies.
(C) Certification with Special Distinction will be reduced by ODMHSAS to Certification with Distinction by ODMHSAS if during the certification period for which the Special Distinction was approved, the program fails to maintain national accreditation status.
(D) ODMHSAS may refund certification renewal application fees for organizations that demonstrate 100% compliance with all standards (i.e. Core Organizational Standards, Core Operational Standards, and Quality Clinical Standards) during the initial renewal site visit and review.
(E) Community Residential Mental Health Programs can be considered for no more than a one (1) year Certification with Special Distinction.
(F) Programs awarded a Probationary Certification are not eligible for Certification under the conditions described in 450:1-9-5.7(a)(4) until all conditions of 450:1-9-5.7(a)(2) have been satisfied.
(b) Permits for Temporary Operations granted to applicants for initial certification of a facility, location, or level of service shall be for a period of six (6) months and shall become effective immediately upon approval by the ODMHSAS Board, the Commissioner or designee.
(c) Certification, other than Permits for Temporary Operations, granted to an applicant shall become effective the first day of the month following the date of the action by the Board, provided however, the Board may waive this requirement and make the Certification effective immediately.
(a) Certification for individuals providing alcohol and drug abuse course instruction or assessments will be in accordance with requirements and procedures stipulated in OAC 450:21.
(b) Certification for Behavioral Health Case Managers will be in accordance with requirements and procedures stipulated in OAC 450:50.
(c) Certification for Recovery Support Specialists will be done in accordance with requirements and procedures stipulated in OAC 450:53.
(d) Certification for Problem Gambling Treatment Counselors will be done in accordance with requirement and procedures stipulated in OAC 450:75.
(a) Organizations granted certification, including Permits for Temporary Operations, shall only publically refer to ODMHSAS Certification in relationship to the specific services, locations, and dates applicable to each currently granted ODMHSAS Certification. This includes all published materials, electronic media, and information posted within a facility. Failure to adhere to this restriction can be cause for action related to Certification in accordance with 1-5-4.
(b) ODMHSAS may conduct unannounced additional certification site visits at programs granted Probationary Certification and programs granted 1-Year Certification.
(1)
A site visit report will be supplied to the program or facility within five (5) days of the site visit unless precluded by extenuating circumstances.
(2)
If deficiencies are noted, the program or facility must file a Plan of Correction addressing all deficiencies within ten (10) days of receipt of the report.
(3)
Deficiencies verified during the unannounced site visit that indicate danger to the health, safety and/or welfare of the clients will result in immediate suspension and/or revocation.
(e) Certification may be suspended or revoked with the basis for such action being delineated in Section 450:1-9-9 of this Subchapter.
(a) Applications for certification as a facility or program must be made to ODMHSAS in writing on a form and in a manner prescribed by ODMHSAS and include the following:
(1)
A fully completed ODMHSAS application for certification form signed by authorized officials;
(2)
The necessary written documentation or supporting evidence required on the application for certification form; and
(3)
The required certification fee payable to the Oklahoma Department of Mental Health and Substance Abuse Services.
(4)
The following fees are required:
(A)
Application fee for all Treatment Programs is $1,000 per certification period.
(B)
Application fee for Community Residential Mental Health Programs is $100 per certification period.
(5)
The application may require a listing of all services provided by the applicant, as well as specifics about the applicant including but not limited to governing authority, administrative, fiscal, proof of status as a business entity recognized by the State of Oklahoma, Secretary of State, all locations or sites where applicant will provide services and types of services to be provided.
(6)
The application must include a listing of key personnel responsible for business and clinical operations of the facility. At a minimum, the application will require a listing of the following, along with current contact information:
(A)
Agency director;
(B)
Business director or financial officer;
(C)
Clinical director, currently licensed in the clinical area(s) for which certification is sought.
(i) If both substance use disorder treatment and mental health treatment services will be provided by the entity, the Clinical Director must have evidence of dual license or additional training in the area for which they are not currently licensed.
(ii) The facility must also provide evidence that the Clinical Director will be employed to serve as Clinical Director a minimum of ten (10) hours per week.
(7)
ODMHSAS may refund certification fees based on exemplary performance during the Certification process for which the application has been submitted and based on guidelines established by ODMHSAS.
(b) Applications for certification or credentials as an individual provider must be made to ODMHSAS in writing on a form and in a manner prescribed by ODMHSAS and, as applicable, in accordance with specific requirements stipulated in OAC 450:21, OAC 450:50, OAC 450:53, and OAC 450:75.
(c) Failure to provide required materials within sixty (60) days of receipt of the application will result in a denial of the application.
(a) After initial certification, a facility or program may request to add additional service locations within the state. A Community Mental Health Center may only request to add additional Community Mental Health Center locations within its service area established by ODMHSAS in accordance with 43A O.S. § 3-302 (3).
(b) Such additional service locations do not require a Permit for Temporary Operations for certification, provided that the organization has an existing certification(s) in good standing for the chapter(s) which cover the scope of services in the additional service locations. The existing certification(s) must not be a Permit for Temporary Operations.
(c) If the additional service locations will provide services not covered by the organization's existing certifications, the organization must first obtain a Permit for Temporary Operations for the applicable services.
(d) Approval for additional service locations specified in (b) above may be granted by the Commissioner or designee upon submission of the following required documentation to ODMHSAS:
(1)
The facility must notify ODMHSAS in writing of the plan to expand service locations on a form and in a manner prescribed by ODMHSAS.
(2)
The required written documentation and supporting evidence includes, but is not limited to:
(A)
fire & safety inspection;
(B)
facility policies and procedures;
(C)
zoning compliance; and
(D)
evidence of compliance with Title 43A O.S. §3-417.1, if applicable.
(e) At the time of the next review of the facility's main office certification, additional service locations may be reviewed on a schedule separate and apart from the certification schedule of the main office.
(a) After initial certification, a facility or program may request to add additional programs or optional services.
(b) Addition of new programs do not require a Permit for Temporary Operations for certification, provided that:
(1)
The organization has an existing certification(s) in good standing for the chapter(s) which cover the new program. The existing certification(s) must not be a Permit for Temporary Operations; and
(2)
The new program is providing services that are the same or lower level of care than the program(s) currently certified with the organization. If the new program is providing services at a higher or more restrictive level of care, the organization must first obtain a Permit for Temporary Operations for the applicable services.
(c) A currently certified Community Mental Health Center service location may add a Certified Community Behavioral Health Clinic certification without first obtaining a Permit for Temporary Operations.
(d) Organizations may add optional services to their existing certification upon request to ODMHSAS, provided that the optional services are included in the scope of the existing certification Chapter. The existing certification must not be a Permit for Temporary Operations.
(e) Approval for additional programs that meet the requirements specified in (b) or (c) above may be granted by the Commissioner or designee upon submission of the required documentation to ODMHSAS.
(1)
The facility must notify ODMHSAS in writing of the plan to add a program or level of care on a form and in a manner prescribed by ODMHSAS.
(2)
The required documentation and supporting evidence includes, but is not limited to:
(A)
description of new program or level of care and services provided;
(B)
personnel and training information; and
(C)
number of beds and physical facility changes, if applicable.
(3)
If the new program or level of care will be provided at a new service location, the required written documentation and supporting evidence also includes, but is not limited to:
(A)
fire & safety inspection;
(B)
facility policies and procedures;
(C)
zoning compliance; and
(D)
evidence of compliance with Title 43A O.S. §3-417.1, if applicable.
(f) At the time of the next review of the organization's certification, new programs or optional services may be reviewed on a separate schedule.
(a) Completion of the certification process for a Permit for Temporary Operations will be done in cooperation between the applicant and ODMHSAS staff, and consists of the following:
(1)
Each organization pursuing ODMHSAS certification shall initially apply for a Permit for Temporary Operations, with the exception of special circumstances specified in 450:1-9-5.7(a)(2).
(2)
Upon receipt of an application ODMHSAS will provide all applicants for a Permit for Temporary Operations a document listing the Core Organizational Standards, Core Operational Standards and Quality Clinical Standards required for a Permit for Temporary Operations. For facilities or programs that have provided clinical services for 30 days or longer, at the time of the initial application, ODMHSAS may also review applicable Quality Clinical Standards.
(3)
The application, including required documentation of policies and procedures, shall be reviewed for completeness by ODMHSAS staff. If the application is deemed complete, a site review of the facility or program will be scheduled and completed. Failure to provide required materials within 60 days of receipt of the application will result in a denial of the application.
(4)
Any deficiencies of applicable Core Organizational Standards and Core Operational Standards, and Quality Clinical Standards if applicable, cited as a result of the site visit or review(s) of documents requested by ODMHSAS will be identified and a report will provided to the facility by ODMHSAS within five (5) working days of the site visit unless precluded by extenuating circumstances.
(5)
The facility will have ten (10) working days from receipt of the deficiency report to correct deficiencies related to Core Organizational and Core Operational Standards categorized as Necessary Standards. The facility will have five (5) working days from receipt of the report to submit a plan of correction related to cited deficiencies in standards categorized as Critical Standards. ODMHSAS may conduct an additional site visit(s) to verify proof of compliance with any deficiencies cited in the initial review. Compliance with all Critical Standards for which the facility was not compliant upon the initial review must be demonstrated through a follow up site visit or review.
(6)
If any pending deficiencies in Core Organizational Standards and Core Operational Standards are identified following this ten (10) day correction period, the program will have five (5) additional working days from receipt of any subsequent report to correct and verify compliance with any pending deficiencies.
(7)
The following additional procedures will apply to programs or facilities reviewed for Quality Clinical Standards pursuant to an application for Permit for Temporary Operation as referenced in 1-9-7 (2) above.
(A)
The facility will also have ten (10) working days from receipt of the report to submit a plan of correction related to cited deficiencies in Quality Clinical Standards categorized as Necessary Standards. The facility will have five (5) working days from receipt of the report to submit a plan of correction related to cited deficiencies in Quality Clinical Standards categorized as Critical Standards. The plan of correction will indicate the earliest date by which ODMHSAS should schedule an additional site visit or documentation review to determine compliance with Quality Clinical Standards for which deficiencies were cited but not more than twenty (20) working days from receipt of report as referenced in (5) above. Compliance with all in Quality Clinical Standards categorized Critical Standards for which the facility was not compliant upon the initial review must be demonstrated through a follow up review.
(B)
Any deficiencies of applicable standards identified during the follow up review referenced in (A) above will be identified by ODMHSAS and included in a report provided to the facility by ODMHSAS within three (3) working days of the site visit or review unless precluded by extenuating circumstances. Facilities for which ODMHSAS cannot determine compliance with all pending Clinical Standards categorized as Critical Standards during the follow up site visit or review referenced in (A) above may request ODMHSAS to complete one additional site visit or review prior to the finalization of a certification report. Facilities desiring this additional review must do so in writing to ODMHSAS within three (3) working days of receipt of the follow up report referenced in (A) above and indicate the earliest date by which ODMHSAS should schedule the final review but not more than fifteen (15) working days from receipt of report as referenced in (A) above. If the applicant fails to demonstrate compliance with all Quality Clinical Standards categorized as Critical Standards during the additional site visit or review, the application will be denied.
(8)
Facilities for which ODMHSAS can verify substantial compliance with applicable Critical and Necessary Core Organizational Standards, Core Operational Standards, and Quality Clinical Standards during the initial review, and subsequently submit required plans of correction and demonstrate compliance with all Critical Standards within the timeframes specified in (5) through (7) above may be considered for Permit for Temporary Operation in accordance with guidelines established in 450:1-9-5.7.
(9)
Anytime, during the process outlined above, ODMHSAS may request one or more written plan(s) of correction in a form and within a timeframe designated by ODMHSAS.
(10)
Failure of any applicant for a Permit for Temporary Operation to demonstrate compliance with applicable standards within timeframes stipulated in (5) through (7), shall result in a notice of denial of the application for a Permit for Temporary Operations
(b) Additional certification procedures related to a Permit for Temporary Operations.
(1)
Re-application for a Permit can be accepted no sooner than six months after issuance of a notification of denial.
(2)
If an applicant fails a second time to satisfy requirements for a Permit for Temporary Operations as stipulated in 450:1-9-7(a)(8), ODMHSAS can accept an additional re-application no sooner than twelve (12) months from time of the issue of the second notification of denial.
(3)
Organizations granted a Permit for Temporary Operations must achieve a subsequent level of ODMHSAS certification prior to the expiration of a Permit for Temporary Operations. Failure to do so will result in a cancellation by ODMHSAS of the Permit for Temporary Operations. ODMHSAS will provide notice of the cancellation and stipulate to the organization that it is must discontinue services subject to any statutory provisions that mandate the applicable ODMHSAS Certification. Re-application for a Permit for Temporary Operations, following a cancellation by ODMHSAS or by the organization to which a Permit was issued, may occur after six months and in accordance with the requirements of 450:1-9-7 and 450:1-9-12.
(a) The following procedures apply for organizations awarded Permit for Temporary Operation pursuant to 450:1-9-7 that elect to progress to an additional certification by ODMHSAS. The process outline below will be done in cooperation between the applicant and ODMHSAS staff, and consists of the following:
(1) Prior to the expiration of a Permit for Temporary Operation, ODMHSAS will notify the facility of necessary records and documentation to verify compliance with applicable Quality Clinical Standards for Certification. The facility shall provide the required materials within thirty (30) days of notification from ODMHSAS.
This thirty (30) day timeline will be allowed regardless of the
expiration
date
of the Permit for Temporary Operation
.
(2) A site review of the facility or program will be scheduled and completed once the necessary records and documentation have been received.
(3) Any deficiencies of applicable Quality Clinical Standards cited as a result of the site visit or subsequent review(s) of documents requested by ODMHSAS will be identified and a report will be provided to the facility by ODMHSAS within five (5) working days of the site visit unless precluded by extenuating circumstances.
(4) The facility will have ten (10) working days from receipt of the deficiency report to correct deficiencies related to Quality Clinical Standards categorized as Necessary Standards. The facility will have five (5) working days from receipt of the report to submit a plan of correction related to cited deficiencies in Quality Clinical Standards categorized as Critical Standards. ODMHSAS may conduct an additional site visit(s) to verify proof of compliance. Compliance with all Quality Clinical Standards categorized as Critical Standards for which the facility was not compliant upon the initial review must be demonstrated through a follow up review.
(5) If any pending deficiencies in Quality Clinical Standards are identified following this ten (10) day correction period, the program will have five (5) additional working days from receipt of any subsequent report to correct and verify compliance with any pending deficiencies.
(6) Facilities for which ODMHSAS cannot determine compliance with all Quality Clinical Standards categorized as Critical Standards during the follow up site visit or review may request ODMHSAS to complete one additional site visit or review prior to the finalization of a report. Facilities desiring this additional review must do so in writing to ODMHSAS within three (3) working days of receipt of the follow up report and indicate the earliest date by which ODMHSAS should schedule the final review but not more than fifteen (15) working days from receipt of the follow up report. If the applicant fails to demonstrate compliance during the additional site visit or review, the application for subsequent certification shall be denied, and the Permit for Temporary Operations will expire.
(7) Facilities for which ODMHSAS can verify substantial compliance with applicable Critical and Necessary Quality Clinical Standards during the initial review, and subsequently submit required plans of correction and demonstrate compliance with all Critical Quality Clinical Standards within the timeframes specified in (4) through (6) above may be considered for Certification in accordance with guidelines established in 450:1-9-5.7.
(8) Anytime, during the process outlined above, ODMHSAS may request one or more written plan(s) of correction in a form and within a timeframe designated by ODMHSAS.
(9) Failure of any applicant to demonstrate compliance with standards within the timeframes specified in (4) through (6) above shall result in denial of the application for subsequent certification and the Permit for Temporary Operations will expire.
(a) The following procedures apply to organizations previously awarded certification pursuant to 450:1-9-5.7 and organizations that have maintained Certification or Certification with Commendation awarded by ODMHSAS prior to November 1, 2010. The process outline below can result in an entity being awarded Certification, Certification with Distinction, or Certification with Special Distinction. The process will be done in cooperation between the applicant and ODMHSAS staff, and consists of the following:
(1) Prior to the expiration of a current Certification, ODMHSAS will provide the certified facility with a notice of certification expiration and advise the facility that a renewal certification application form must be completed so the organization can be reviewed for consideration for a renewal of certification. Along with the notice of certification expiration, ODMHSAS will provide a document listing Core Organization Standards, Core Operational Standards, and Quality Clinical Standards potentially applicable to the renewed certification.
(2) Each organization desiring to renew Certification must submit a completed certification application form, fees and other required materials in accordance with 450:1-9-6 within sixty (60) days
of
notification from ODMHSAS
.
This
sixty
(
6
0) day timeline will be allowed regardless of the
expiration
date of the current
C
ertification
.
(3) In the event an organization, after being notified of the Certification expiration in accordance with (1) above fails to submit the renewal certification application, fees, or other materials as referenced in (2) above, the current Certification will be allowed to expire.
(4) The application shall be reviewed for completeness by ODMHSAS staff. If the application is deemed complete, a site review of the facility or program will be scheduled and completed.
(5) The facility shall provide ODMHSAS documentation regarding its policies and procedures prior to the site review. This documentation may include an attestation that the facility's policies and procedures have not changed since the latest certification review, or a list of which policies and procedures have changed, in lieu of submitting all policies and procedures for review.
(6) Any deficiencies of applicable standards identified as a result of the renewal site visit or subsequent review(s) of documents requested by ODMHSAS will be identified and a report will provided to the facility by ODMHSAS within five (5) working days of the initial renewal site visit unless precluded by extenuating circumstances.
(7) The facility will have ten (10) working days from receipt of the report to correct deficiencies of all Necessary Standards. ODMHSAS may require an additional site visit to verify proof of compliance of Necessary Standards.
(8) The facility will have five (5) working days from receipt of the report to submit a plan of correction related to cited deficiencies in Critical Standards. The plan of correction will indicate the earliest date by which ODMHSAS should schedule an additional review to determine compliance with Critical Standards for which deficiencies were cited but not more than twenty (20) working days from receipt of report as referenced in (6) above. The site visit may or may not be conducted in conjunction with a site visit to verify compliance with pending Necessary Standards. Compliance with all Critical Standards for which the facility was not compliant upon the initial review must be demonstrated through a follow up review.
(9) Any deficiencies of applicable standards identified during the follow up review referenced in (8) above will be identified by ODMHSAS and included in a report provided to the facility by ODMHSAS within three (3) working days of the site visit or review unless precluded by extenuating circumstances.
(10) Facilities for which ODMHSAS cannot determine compliance with all Critical Standards during the follow up review may request ODMHSAS to complete one additional review prior to the finalization of a report. Facilities desiring this additional review must do so in writing to ODMHSAS within three (3) working days of receipt of the follow up report and indicate the earliest date by which ODMHSAS should schedule the final review but not more than fifteen (15) working days from receipt of the follow up report.
(11) Facilities for which ODMHSAS can verify substantial compliance with Critical and Necessary Standards upon the initial site review and demonstrate compliance with all Critical Standards within the timeframes specified in (7) through (10) above may be considered for Certification renewal in accordance with guidelines established in 450:1-9-5.7.
(12) Anytime, during the process outlined above, ODMHSAS may request one or more written plan(s) of correction in a form and within a timeframe designated by ODMHSAS.
(13) If the applicant fails to demonstrate compliance with standards within the timeframes specified in (7) through (10) above, a recommendation to initiate revocation proceedings must be made to the Commissioner or designee. If the Commissioner or designee approves the initiation of revocation proceedings, the provisions of Subchapter 5 will be followed.
(a)
Site reviews.
The following conditions will apply to site visits and other related certification reviews conducted by ODMHSAS.
(1)
Initial, renewal or follow-up site reviews, based on the current certification status of the applicant, will be scheduled and conducted by designated representatives of the ODMHSAS at each location or site of the applicant. ODMHSAS may conduct virtual site visits at its discretion.
(2)
ODMHSAS may require materials be submitted to Provider Certification, in a form determined by ODMHSAS, prior to on-site visits to verify compliance with applicable Core Organizational Standards, Core Operational Standards, and/or Quality Clinical Standards.
(3)
One or more site review(s) may be conducted to determine compliance with prior deficiencies as well as with standards not applicable during the prior certification visit(s).
(4)
A minimum number of consumer records, as determined by ODMHSAS, shall be made available for review to determine compliance with applicable Quality Clinical Standards. For organizations unable to provide the required minimum of records, the current certification status, including a Permit for Temporary Operations, will be allowed to expire. ODMHSAS may require review of additional consumer records to assure a representative sample of records is evaluated to determine compliance with Quality Clinical Standards.
(5)
A Site Review Protocol shall be completed during each certification review. Protocols shall contain the current ODMHSAS Standards and Criteria applicable to the facility.
(A)
A facility must be prepared to provide evidence of compliance with each applicable standard.
(B)
In the event the reviewer(s) identifies some aspect of facility operation that adversely affects consumer safety or health, the reviewer(s) shall notify the facility director and appropriate ODMHSAS staff. An immediate suspension of certification may be made by the Commissioner of ODMHSAS.
(b)
Accreditation status.
The ODMHSAS may accept accreditation granted by The Joint Commission (TJC), the Commission on Accreditation of Rehabilitation Facilities (CARF), or the Council on Accreditation of Services for Families and Children, Inc. (COA), as compliance with certain specific ODMHSAS standards. For such accreditation to be considered, the facility shall make application and submit evidence to the ODMHSAS of current accreditation status and scope. This evidence shall include documentation of the program or programs included in the most recent accreditation survey, including survey reports of all visits by the accrediting organization, any reports of subsequent actions initiated by the accrediting organization, any plans of correction, and the dates for which the accreditation has been granted. ODMHSAS may, at its discretion, conduct additional compliance monitoring and verification of standards deemed compliant based upon accreditation status.
(c)
Deficiencies.
A deficiency shall be cited for each rule not met by the facility.
(d)
Report to applicant and plan of correction.
(1)
During the course of the certification process, and prior to determination of certification status, ODMHSAS staff shall report the results of the certification review to the facility. The facility shall receive written notice of the deficiencies in a Certification Report in accordance with 450:1-9-7, 450:1-9-7.1, and 450:1-9-7.2.
(2)
The facility may be required to submit a written plan of correction as determined by 450:1-9-7, 450:1-9-7.1, and 450:1-9-7.2. Approval of the plan of correction by Provider Certification may be required before a final report of findings can be presented to ODMHSAS or the Board.
(3)
If a request for a revised plan of correction is necessary, the facility must submit an acceptable plan of correction within the required time frame to continue the certification process. Failure to submit a timely and adequate revised plan of correction shall result in either a notice of denial of the application, expiration of certification, or revocation of the certification status, as applicable.
(e)
Notification of consideration and possible action for certification.
(1)
After consideration of materials requested by ODMHSAS pursuant to certification procedures, and completion of the necessary review(s), ODMHSAS staff shall prepare a report that summarizes findings related to compliance with applicable certification standards.
(2)
Reports regarding applications for Permits for Temporary Operations and Certifications will be forwarded to the ODMHSAS Board, and/or the Commissioner or designee.
(3)
Reports for individual certification applications will be handled in accordance with procedures outlined in OAC 450:21, OAC 450:50, OAC 450:53, or OAC 450:75.
(4)
Prior to the ODMHSAS staff's presentation of its report related to the applicant's certification to the Board or the Commissioner or designee, the ODMHSAS staff shall notify the applicant of:
(A)
the findings included in the report, and
(B)
the date and time of the Board meeting at which the facility's certification will be considered, if applicable.
(5)
Achievement of certain scores is a prerequisite for consideration of a specific certification status but may not be the sole determinant. Individual deficiencies that meet the criteria in 450:1-9-9 may be grounds for suspending or revoking certification or denying applications for certification.
(6)
Consideration of certification may be deferred while additional information regarding a facility's compliance status is reviewed.
(7)
The minimum conditions for compliance that must be verified by ODMHSAS for consideration of a certification status shall be stipulated in 450:1-9-5.7.
(f)
Recommendations for revocation of certification.
In the event ODMHSAS cannot verify compliance with applicable certification standards in accordance with 450:1-9-5.7, except for Permits for Temporary Operations, ODMHSAS shall forward recommendation for revocation of certification to the Commissioner or designee. If the Commissioner or designee approves a recommendation to revoke certification, an individual proceeding shall be initiated pursuant to Subchapter 5. Applicants unable to demonstrate compliance with standards required for Permit for Temporary Operation are not subject to the provisions for revocation and are simply denied the Permit as stipulated in 450:1-9-7.
If at the initial site review it is found the facility is providing services prior to the granting of an ODMHSAS certification status, applicable for those services being provided and in violation of statutory requirements, including prior to the granting of a Permit for Temporary Operations, the following actions will be taken:
(1)
The review will be continued and will include a review of all applicable Core Organizational Standards, Core Operational Standards, and Quality Clinical Standards.
(2)
Programs found to have initiated operations prior to the awarding of a Permit for Temporary Operations for the services for which certification is statutorily required shall obtain the necessary Permit for Temporary Operations to continue operations.
(3)
The applicant must comply within twenty (20) working days of the initial certification visit, with all applicable Core Organizational Standards, Core Operational Standards, and Quality Clinical Standards for a report for consideration of Permit for Temporary Operation to be made to the Board. Failure to achieve the required compliance level shall result in a denial for Certification and an Order issued to cease the provision of services, if applicable.
(4)
If the applicant achieves the required compliance level within the required time frame, a Permit for Temporary Operations may be granted.
(5)
Subsequent to the Permit for Temporary Operations, these programs will be eligible for Certification for a one (1) year period only for the first two (2) years of Certification.
ODMHSAS may conduct a site review or visit or an investigation, which may or may not be unannounced. Reasons for such review include but are not limited to:
(1)
verification of continued compliance with Standards and Criteria and related regulations;
(2)
determination of correction of cited deficiencies;
(3)
receipt of a complaint;
(4)
change in ownership, management, Board membership, or location;
(5)
substantial change in either the service provided or new service(s) initiated;
(6)
substantial turnover in staff at the executive or professional level;
(7)
change in statutorily required licensure status; and
(8)
change in or verification of external accreditation status.
(a) A determination that the certification status shall be reduced, suspended, or revoked or that a reprimand be issued, may be made upon the following bases:
(1)
failure to comply with certification standards;
(2)
failure to comply with appropriate statutory licensing provisions;
(3)
violation of consumer rights or consumer confidentiality;
(4)
endangerment of the safety, health, and/or the physical or mental well-being of a consumer served by the program;
(5)
failure to comply with accreditation, inspection, safety, or building code regulations required by local, state, or federal authorities and laws;
(6)
defrauding a consumer, potential consumer, or third party payer;
(7)
inappropriate conduct by program staff or its governing authority;
(8)
utilization of treatment techniques which endanger the safety, health, and mental health or physical well-being of program consumers;
(9)
refusal of access to a facility or any program components by ODMHSAS personnel when conducting announced or unannounced site visits pursuant to this Chapter; or
(10)
any other just cause.
(b) Determinations to initiate suspensions, reductions and revocations or to issue reprimands are made by the Commissioner or designee of ODMHSAS.
(c) The facility's certification status continues unless the facility fails to timely file a written request for a hearing as cited in OAC450:1-5-5 or an order sustaining the allegations made by ODMHSAS is issued by the appointed Hearing Officer.
(a) Any determination of the ODMHSAS regarding the suspension or revocation of a certification may be appealed by the aggrieved party to the ODMHSAS Board.
(b)
Appeal.
The proposed order shall become final unless a party files and serves a written request for an appeal to the Board with the Hearing Clerk within fifteen (15) calendar days of the filing of the proposed order.
(c)
Briefs and exceptions.
In the event an appeal to the Board is requested, all parties will be given the opportunity to file briefs and exceptions to the proposed order.
(d)
Hearing.
When a request for an appeal is filed, the matter will be set on the agenda of the next Board meeting, unless the request is filed fifteen (15) calendar days or less prior to the next scheduled Board meeting, in which case it will be set on the agenda of the following meeting. At the Board meeting, the parties shall be permitted to present their briefs and oral argument; the length of oral argument shall be determined by the chair of the Board. Upon conclusion of oral argument by the parties, the Board may convene in executive session to deliberate the matter.
(e)
Issuance and service of order.
Within thirty (30) calendar days after the appeal hearing before the Board, the Board shall issue an Order stating the findings of fact made and the conclusions of law reached, and specifying the action to be taken. The Hearing Clerk shall file the Order and serve it on the parties; the respondent(s) shall be served by certified mail, return receipt requested.
(f)
Appeal.
A party may appeal an Order as provided in the APA.
A facility that is the subject of an investigation into, or a pending proceeding involving an administrative sanction pursuant to 450:1-9-9 may voluntarily relinquish its ODMHSAS certification in lieu of a certification suspension or revocation.
In the event the Board of Mental Health and Substance Abuse Services does not meet during the month a facility's certification is due for consideration, or is unable for any reason to consider the certification in a timely manner, any current certification status shall be automatically extended until the next meeting of the Board, unless to do so would endanger the health, welfare and safety of consumers, and there would be a danger of imminent harm.
(a) Reapplication for consideration of certification for any program for which certification has been suspended, revoked or relinquished pending administrative sanction will not be accepted or considered unless at least twelve (12) months have passed since issuance of an Order of suspension or revocation.
(b) Reapplication for consideration of certification for any program for which certification has been voluntarily relinquished pursuant to a mutual agreement between the program and ODMHSAS will not be accepted or considered unless at least six (6) months have passed since the relinquishment.
(c) The cost of certification review, the record, and administrative sanction proceedings shall be advanced by ODMHSAS. Where a certification review results in an administrative sanction, the cost of the certification review, the record, and administrative sanction proceedings shall be surcharged against the sanctioned facility. Costs of administrative sanction proceedings shall include costs of prosecution of the sanction imposed. Reapplication for consideration of certification will not be considered unless and until the sanctioned facility pays such costs to ODMHSAS.
(a) ODMHSAS shall maintain a list of facilities designated by the Commissioner as appropriate to conduct emergency examinations to determine if emergency detention is warranted. All hospitals licensed by the Oklahoma State Department of Health who have a designated emergency department and who have an LMHP on staff, under contract, or on call, shall automatically be designated as an emergency examination site.
(b) The following types of facilities may be placed on the list of designated emergency examination facilities:
(1) Hospitals licensed by the Oklahoma State Department of Health;
(2) Community Mental Health Centers certified by the Board pursuant to Chapter 17 of Title 450 of the Oklahoma Administrative Code;
(3) Community-based Structured Crisis Centers certified by the Board pursuant to Chapter 23 of Title 450 of the Oklahoma Administrative Code;
(4) Facilities operated by ODMHSAS; or
(5) Hospitals accredited by JCAHO, CARF, the Accreditation Commission for Health Care/Health Facility Accreditation Program (ACHC/HFAP), or the Center for Improvement in Health Care Quality (CIHQ).
(c) A facility may request the Commissioner to designate the facility as an emergency examination facility to be placed on the list. The facility shall make a request in writing to the Provider Certification Division of ODMHSAS and verify it has the ability to conduct emergency examinations as defined in 43A O.S. § 5-206(4) and has one or more licensed mental health professionals as defined in 43A O.S. § 1-103(11) capable of performing the functions set forth in 43A O.S. §§ 5-207 and 5-208.
(d) The facility shall receive a letter from the Commissioner notifying the facility whether its request to be placed on the list of designated emergency examination facilities has been granted.
(a) ODMHSAS shall maintain a list of facilities designated by the Commissioner as appropriate for emergency detention. All hospitals licensed by the Oklahoma State Department of Health who have an LMHP on staff, under contract, or on call and have designated beds for the treatment of mental health or substance abuse disorders, shall automatically be designated as an emergency detention site.
(b) The following types of facilities may be placed on the list of designated emergency detention facilities:
(1)
Hospitals licensed by the Oklahoma State Department of Health;
(2)
Community Mental Health Centers certified by the Board pursuant to Chapter 17 of Title 450 of the Oklahoma Administrative Code;
(3)
Community-based Structured Crisis Centers certified by the Board pursuant to Chapter 23 of Title 450 of the Oklahoma Administrative Code; and
(4)
Facilities operated by ODMHSAS; or
(5)
Hospitals accredited by JCAHO, CARF, ACHC/HFAP, or CIHQ.
(c) A facility may request the Commissioner to designate the facility as an emergency detention facility to be placed on the list. The facility shall make a request in writing to the Provider Certification Division of ODMHSAS and verify it has the ability to detain a person in emergency detention as defined in 43A O.S. § 5-206(5) and comply with 43A O.S. §§ 5-208 and 5-209.
The purpose of this subchapter is to insure conformity with the requirements of the U. S. Department of Health and Human Services, Public Health Service, Office of Research Integrity in the event the ODMHSAS is the recipient of Public Health Service research grants, fellowships, or cooperative agreements; or is involved with such research grants, fellowships, or cooperative agreements on either a pass-through or oversight responsibility basis [42 CFR Part 50, Subpart A, and 42 CFR § 50.103(c)].
The ODMHSAS, all subrecipients and all ODMHSAS contractors and their subcontractors involved with U.S. Public Health Services research grants, fellowships, or cooperative agreements are bound by this subchapter.
(a) For any research grants, fellowships or cooperative agreements by the (U.S.) Public Health Service for which the ODMHSAS is either the direct recipient, or involved as a financial pass-through agent, or has any oversight responsibility, the "ModelPolicy and Procedures for Responding to Allegations of Scientific Misconduct" published by the (U.S.) Public Health Service, Office of Research integrity, April 1995 (or any revisions/successor document thereto) shall be utilized by ODMHSAS for responding to allegations of scientific misconduct.
(b) This subchapter shall be distributed to all ODMHSAS operated facilities; and all entities contracting with, or certified by ODMHSAS providing Mental Health, or Substance Abuse, or both.
(c) This subchapter and a copy of the "Model Policy and Procedures for Responding to Allegations of Scientific Misconduct" shall be distributed to all ODMHSAS staff involved with, and any person or business entity with which ODMHSAS is involved with, in (U.S.) Public Health Service research grants, fellowships, and/or cooperative agreements.
(d) Pursuant to the "Model Policy and Procedures for Responding to Allegations of Scientific Misconduct", the Research Integrity Officer for ODMHSAS shall be the Chief of the Decision Support Services, ODMHSAS Central Office. All allegations of scientific misconduct shall be made to the Research Integrity Officer.
All of the ODMHSAS's human subject activities, and all human subject activities of the ODMHSAS IRB designated under the ODMHSAS Federal Wide Assurance, regardless of funding source, shall be guided by the ethical principles in The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research of the National Commission of the Protection of Human Subjects of Biomedical and Behavioral Research.
Federally-supported human subject research for which the ODMHSAS IRB provides review and oversight shall comply with 45 C.F.R. Part 46. All human subject research supported by the Department of Health and Human Services (HHS) shall comply with all Subparts of HHS regulations at Title 45 Code of Federal Regulations Part 46 (45 C.F.R. Part 46). All federally-supported human subject research shall also comply with any additional human subject regulations and policies of the supporting federal or state department or agency. All federally-supported human subject research shall comply with any human subject regulations and policies of any relevant regulatory federal or state department or agency.
Except for research exempted or waived under 45 C.F.R. §46.101 (b) & (i), all human subject research for which the ODMHSAS IRB is responsible shall be reviewed, prospectively approved, and subject to continuing oversight by the ODMHSAS IRB. The ODMHSAS IRB shall have authority to approve, require modifications in, or disapprove the covered human subject research for which it is responsible.
Except where specifically waived or altered by the ODMHSAS IRB under 45 C.F.R. § 46.101(i), 46.116 (c) & (d), or 46.117 (c) of all research for which the ODMHSAS IRB is responsible requires written informed consent, in nonexculpatory language understandable to the subject (or subject's legally authorized representative), including the following basic elements per 45 C.F.R. § 46.116 (a) & (b):
(1)
Identification as research; purposes, duration, and procedures; procedures which are experimental;2) Reasonable foreseeable risks or discomforts;
(3)
Reasonable expected benefits to the subject or others;
(4)
Alternative procedures or treatments, if any, that might be advantageous to the subject;
(5)
Extent of confidentiality to be maintained;
(6)
Whether compensation or medical treatment are available if injury occurs (if more than minimal risk);
(7)
Whom to contact for answers to questions about the research, subjects' rights, and research-related injury;
(8)
Participation is voluntary; refusal to participate, or discontinuation of participation, shall involve no penalty or loss of benefits to which subject is entitled; and
(9)
When appropriate, additional elements per 45 C.F.R. § 45.116.
(a) The ODMHSAS IRB shall have at least five members, with varying backgrounds to promote complete and adequate review of research activities commonly conducted at facilities or programs operated or funded by ODMHSAS. The IRB shall be sufficiently qualified through the experience and expertise of its members, and the diversity of the members, including consideration of race, gender, and community attitudes, to promote respect for its advice and counsel in safeguarding the rights and welfare of human subjects. In addition to possessing the professional competence necessary to review specific research activities, the IRB shall be able to ascertain the acceptability of proposed research in terms of agency commitments and regulations, applicable law, and standards of professional conduct and practice. The IRB shall therefore include persons knowledgeable in these areas. If the IRB reviews research that involves a vulnerable category of subjects, such as children, prisoners, pregnant women, or handicapped or mentally disabled persons, consideration shall be given to the inclusion of one or more individuals who are knowledgeable about and experienced in working with these subjects.
(b) The Commissioner or designee shall appoint IRB members and the IRB chairperson.
(c) Every nondiscriminatory effort shall be made to ensure that the ODMHSAS IRB does not consist entirely of men or entirely of women, including the agency's consideration of qualified persons of both sexes, so long as no selection is made to the IRB on the basis of gender. No IRB may consist entirely of members of one profession.
(d) The ODMHSAS IRB shall include at least one member whose primary concerns are in scientific areas and at least one member whose primary concerns are in nonscientific areas.
(e) The ODMHSAS IRB shall include at least one member who is not otherwise affiliated with the ODMHSAS and who is not part of the immediate family of a person who is affiliated with ODMHSAS.
(f) ODMHSAS IRB Members will not participate in the IRB's initial or continuing review of any project in which the member has a conflicting interest, except to provide information requested by the IRB.
(g) The IRB may invite individuals with competence in special areas to assist in the review of issues, which require expertise beyond or in addition to that available on the IRB. These individuals may not vote with the IRB.
The purpose of this Subchapter is to set forth criteria and procedures for the disbursement of monies from the Behavioral Health Workforce Development Fund. All monies allocated to the Behavioral Health Workforce Development Fund by the Oklahoma Legislature will be appropriated to and budgeted for use by ODMHSAS for the purpose of repaying student loans for qualified behavioral health practitioners, increasing the number of psychiatric residencies, expanding licensure cohorts to increase the number of clinicians at master's level and above, and developing training, recruitment and supervision capacity. The aim of the fund is to increase the number of behavioral health practitioners providing services in underserved areas of the State by helping to recruit and retain qualified individuals.
This Subchapter is applicable to ODMHSAS and individual practitioners who are eligible for or applicants of student loan repayment and behavioral health graduate cohort programs funded through the Behavioral Health Workforce Development Fund.
(a)
Eligibility.
ODMHSAS will provide student loan repayment to behavioral health practitioners in accordance with the rules in this Subchapter and state law. To be eligible for these funds the practitioner must:
(1) Be a Licensed Behavioral Health Professional as defined in this Chapter. Licensure candidates are not eligible until fully licensed;
(2) Be appropriately licensed and in good standing with the applicable state licensing entity;
(3) Be an Oklahoma resident;
(4) Be employed as a practitioner of clinical mental health and/or substance use disorder/addiction services at a behavioral health provider organization with a physical service location in the State of Oklahoma; and
(5) Commit to providing direct clinical care in Oklahoma in a full-time (at least 32 hours per week) capacity for a period of two (2) years, or an equivalent amount of hours over a period of more than two (2) but not more than four (4) years. A minimum of twenty (20) hours per week over the employment period is required to be eligible.
(b)
Eligibility does not guarantee that student loan repayment will be provided
. Funds will be disbursed to eligible practitioners as funds are available through the Behavioral Health Workforce Development Fund at the discretion of ODMHSAS. The following factors may be considered in the selection of which practitioners will receive student loan repayment:
(1) Date of application submission;
(2) Type of clinical services provided (e.g., primarily mental health or substance related; outpatient or inpatient);
(3) Demographics of the service area and/or service recipients;
(4) Eligibility for other loan repayment programs;
(5) Number of prior applicants in the service area who have received repayment through the fund.
(c)
Application.
Applications for student loan repayment from the Behavioral Health Workforce Development Fund shall be submitted to ODMHSAS on a form and in a manner prescribed by the Commissioner or designee. The application must include the following:
(1) Application form completed in full according to its instructions;
(2) Proof of Oklahoma residency in the form of:
(A) An Oklahoma driver's license or identification card;
(B) An Oklahoma voter identification card; or
(C) A utility bill dated within three (3) months prior to the application date, excluding internet and cellular phone bills.
(3) Documentation of current, valid license to practice in the State of Oklahoma by the appropriate licensing entity;
(4) Verification of current employment with a behavioral health organization in Oklahoma, including number of hours worked per week;
(5) Employer information, including name of organization and location(s) where the applicant will be providing services;
(6) Job description and/or written documentation from an authorized representative of the employing organization describing the job duties; and
(7) Signed Commitment Letter.
(d)
Optional items that may be submitted with the application include:
(1) Reference letters from previous or current employer(s); and
(2) Documentation of additional certifications, credentials, and/or licenses related to behavioral health.
(e)
Disbursement.
(1) Successful applicants will be eligible to receive up to $30,000 in direct student loan repayment over a maximum of four (4) years of eligible employment.
(2) Full-time practitioners (at least thirty-two [32] hours per week over the employment period) will be eligible for an initial payment of up to $20,000 after the completion of twenty-four (24) months of eligible employment. Subsequently, full-time practitioners may renew for a third year to receive an additional $10,000 in student loan repayment.
(3) For practitioners working less than full-time (twenty [20] to thirty-one [31] hours per week over the employment period) during the first two (2) years, initial student loan repayment will be provided in the amount of up to $15,000 after the completion of twenty-four (24) months of eligible employment. Subsequently, part-time practitioners may renew for a third year and fourth year to receive up to an additional $7,500 in student loan repayment for each additional year.
(4) Payment is dependent upon the practitioner providing all requested information and documentation to substantiate employment and student loan information. Failure of the practitioner to provide requested items within requested timeframes may delay or terminate eligibility for student loan repayment.
(5) Funds will be paid directly by ODMHSAS to the current lender associated with the student loan and shall not exceed the total student loan debt.
(a)
Eligibility.
ODMHSAS will provide tuition assistance to eligible applicants selected for an approved behavioral health graduate level cohort program with a university partner established by ODMHSAS which will provide an educational path to become a Licensed Behavioral Health Professional as defined in this Chapter. Funds will be disbursed to eligible applicants as funds are available through the Behavioral Health Workforce Development Fund at the discretion of ODMHSAS. To be eligible for these funds the applicant must:
(1) Possess a bachelor’s degree with an undergraduate grade point average (GPA) of 3.0 or higher. Some exceptions may apply for GPAs of 2.5 – 2.99;
(2) Be attending or planning to attend a master’s level program with a university partner established by ODMHSAS;
(3) Be an Oklahoma resident;
(4) Be employed at a behavioral health provider organization with a physical service location in the State of Oklahoma; and
(5) Commit to continued employment with a behavioral health provider organization with a physical service location in Oklahoma in a full-time (at least thirty-two [32] hours per week) capacity for a period of two (2) years, or an equivalent number of hours over a period of more than two (2) but not more than four (4) years. A minimum of twenty (20) hours per week over the employment period is required to be eligible.
(b)
Eligibility does not guarantee that tuition assistance will be provided
. Funds will be disbursed to accepted applicants as funds are available through the Behavioral Health Workforce Development Fund at the discretion of ODMHSAS. The following factors may be considered in the selection of which applicants will receive tuition assistance:
(1) Date of application submission;
(2) Type of clinical services provided by the employer of the applicant;
(3) Demographics of the service area and/or service recipients of the employer of the applicant; and
(4) Number of prior applicants in the service area who have received tuition assistance through the fund.
(c)
Application.
Applications for tuition assistance from the Behavioral Health Workforce Development Fund for an approved behavioral health graduate cohort program with an established university partner shall be submitted to ODMHSAS on a form and in a manner prescribed by the Commissioner or designee. The application must include the following:
(1) Application form completed in full according to its instructions;
(2) Proof of Oklahoma residency in the form of:
(A) An Oklahoma driver's license or identification card;
(B) An Oklahoma voter identification card; or
(C) A utility bill dated within three (3) months prior to the application date, excluding internet and cellular phone bills.
(3) Verification of current employment with a behavioral health organization in Oklahoma, including number of hours worked per week;
(4) Employer information, including name of organization and location(s) where the applicant is working;
(5) Three reference letters from previous or current employer(s); and
(6) Signed Commitment Letter.
(d)
Optional items that may be submitted with the application include documentation of additional certifications, credentials, and/or licenses related to behavioral health.
(e)
Disbursement.
(1) Successful applicants for the graduate cohort program will be eligible to receive tuition assistance in an amount not to exceed $2,500 per semester, paid directly to the university established by ODMHSAS on a semester-by-semester basis. The Behavioral Health Workforce Development Fund shall not pay for the cost of textbooks, supplies, transportation, meals, lodging or any of the expenses or fees incurred in pursuing the education program.
(2) Participants shall maintain a passing grade for each of the required courses. The fund will not pay for the cost to retake a failed course.
(3) Participants shall remain employed to a qualified behavioral health provider and maintain their scheduled hours of a minimum of twenty (20) hours per week.
(4) Payment is dependent upon the participant providing all requested information and documentation to substantiate employment and hours worked. Failure of the participant to provide requested items within requested timeframes may delay or terminate eligibility for tuition assistance.
(5) Funds will be paid directly by ODMHSAS to the established university for the behavioral health graduate cohort program and shall not exceed the tuition amount.
The purpose of this Subchapter is to set forth criteria and procedures for the disbursement of monies from the County Community Safety Investment Fund. All monies allocated to the County Community Safety Investment Fund by the Oklahoma Legislature will be expended for the purpose of providing funds to counties and/or multi-county government partnerships for the development and implementation of allowable programs in accordance with OAC 450:1-15-5.
This Subchapter is applicable to counties and multi-county government partnerships which are eligible to receive monies from the County Community Safety Investment Fund.
(a) Programs eligible for funding under this Subchapter include the following:
(1) Mental health and substance use disorder programs or other healthcare programs;
(2) Pretrial diversion programs;
(3) Employment programs;
(4) Education programs; and
(5) Housing programs.
(b) Programs funded through the County Community Safety Investment Fund must be in addition to services/programs already provided by the county or counties and shall not supplant existing funds or otherwise fund programs or services which the county or counties are responsible to provide.
(c) Programs funded through the County Community Safety Investment Fund must include one or more local entities that are either contracted with or certified by the Department.
(d) Counties shall follow all rules of the request for proposals (RFP) and applicable state purchasing and accounting practices for the receipt and expenditure of funds.
Applications for funding through the County Community Safety Investment Fund shall be submitted in a manner prescribed by ODMHSAS. The application must include the following:
(1) Assurance the application represents the single proposal submitted on behalf of the county or multi-county government partnership;
(2) Attestation that the program or services proposed meet the requirements of 450:1-15-5(b);
(3) Description of the proposed program or services;
(4) Description of the manner in which the proposed program includes one or more local entities that are either contracted with or certified by the Department;
(5) Documentation of support from local partners, including:
(A) Memoradum of Understanding or other document(s) showing a formal agreement between the applicant and one or more ODMHSAS-contracted or ODMHSAS-certified entities; and
(B) Letter from the County Commissioners demonstrating majority support for the application.
(6) Budget request for the proposal.
(a) Applicants awarded funding must have relevant staff attend trainings and meetings as required by ODMHSAS.
(b) All changes in program operations must be submitted to ODMHSAS for prior approval.
(c) Awardees must submit data as requested by ODMHSAS and participate in evaluation processes as requested by ODMHSAS, including but not limited to regular data reporting and an annual program report.
(d) Non-compliance with the requirements within 450:1-15-9 may result in a notice of non-compliance to be issued to the awardee. Upon receipt of the notice, which may be issued through an on-site audit or by certified mail, the awardee shall have thirty (30) days to demonstrate compliance. Failure to demonstrate compliance within thirty (30) days of receipt of the notice may result in immediate cancellation of funding.
(a) The funding amounts granted to each awardee shall be at the discretion of the Department and shall be based on total available funds and total county population as established by the Legislature.
(b) Regardless of total county population, no county shall receive less than 0.5% of the total annual appropriation.
(c) Upon notification of approval of a bid for the County Community Safety Investment Fund, the awardee shall designate one person who will be the designee for submitting e-invoices to ODMHSAS for the disbursement of awarded funds.