Ala. Admin. Code r. 580-1-2-.06

Standards For Certification

This regulation establishes certification standards for Alabama '310 Boards' — county-level mental health boards certified by the Department of Mental Health and Mental Retardation (DMH/MR). Certified 310 Boards must maintain corporate documents, bylaws, board composition requirements, conflict-of-interest policies, audit filings, and service plans on file with DMH/MR. They are also subject to administrative cost caps, subcontracting approval requirements, prompt payment rules, and must ensure their subcontractors comply with applicable DMH/MR service division certification standards.

Ala. Admin. Code r. 580-1-2-.06 - Standards For Certification 

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(1)
 A certified 310 Board must meet the
 following standards: 
(a)
 The 310 Board must
 have on file with DMH/MR their Articles of Incorporation and all amendments,
 which were provided to the local county governmental entity which established
 and approved the articles or amendments.

(b)
 The 310 Board must have on file with
 DMH/MR a copy of their bylaws, which are consistent with their Articles of
 Incorporation and with the Code of Alabama.

(c)
 The 310 Board must have approved by
 DMH/MR under the 
Code of Ala. 1975
, Section
 
22-51-7
 any amendments to the 310
 Boards Articles of Incorporation and must have these amendments on file with
 the DMH/MR.

(d)
 The 310 Board's
 Articles of Incorporation must state the services to be provided.

(e)
 The 310 Board must have on file with
 DMH/MR the resolution(s) from counties indicating the geographical area for the
 operation of a 310 Board.

(f)
 The
 310 Board must provide to the DMH/MR annually an unqualified prior year audit
 including such DMH/MR contracted funds allocated for subcontractors.

(g)
 The 310 Board of Directors shall be
 established according to Alabama Code Section
 
22-51-8
. Each certified 310 Board
 must provide a list of the Board of Directors to DMH/MR.

(h)
 The 310 Board of Directors should include
 consumers and family members of the population(s) designated to be served. In
 the event a 310 Board does not include consumers and family members of the
 populations(s) it serves, then the Board shall appoint an advisory committee of
 said consumers and family members.

(i)
 The 310 Board of Directors shall develop
 written policies and procedures to assure neither they nor their employees,
 agents, volunteers, or providers/owners, have any conflicts of interests in any
 business relationship they may have with a 310 Board.

(j)
 The 310 Board must comply with the
 Alabama Bid Law, Alabama Code Section
 
41-16-50

et

seq
. (Supp. 1999). Within
 this context, members of the governing bodies and instrumentality's of local
 governmental authorities must comply with the conflict of interest statute,
 Alabama Code Section
 
41-16-60
 (1991). There must be an
 arms length transaction between the members of the Board of Directors of a 310
 Board who also serves on the Board of Directors of a subcontractor.

(k)
 The 310 Board of Directors must comply
 with the Alabama "Sunshine Law", which prohibits an executive or secret session
 except when the character or good name of a person is involved, Alabama Code
 Section 
13A-14-2
 (1994).

(l)
 The 310 Board must provide to DMH/MR a
 two-year plan of services specifying the type, the quantity and location of
 services provided for their designated population.

(m)
 The 310 Board must provide to DMH/MR a
 comprehensive study of needs assessment and available resources for their
 designated population within their geographical location.

(n)
 The 310 Board when subcontracting shall
 provide to the DMH/MR a copy of the subcontract for approval prior to
 initiation. No certified 310 Board may subcontract more than 10% of their total
 DMH/MR funding without approval of the DMH/MR.

(o)
 The 310 Board may use no more than 20% of
 the DMH/MR contracted funds for administrative costs. Administrative costs
 include non-direct program costs and administrative costs to support, maintain,
 and administer the direct program services provided or contracted by the 310
 Board.

(p)
 The 310 Board shall not
 charge an administrative fee to subcontractors providing services funded
 through DMH/MR.

(q)
 The 310 Board
 shall pay subcontractors within 15 working days of the receipt of contract
 funds from DMH/MR.

(r)
 The 310
 Board shall establish a CQI system, which complies with the standards set forth
 by the DMH/MR, and shall encompass its subcontractors of DMH/MR
 services.

(s)
 For specific programs
 and services provided by certified 310 Boards or subcontracted by certified 310
 Boards, as spelled out by Alabama Code Section
 
22-51-1(8)
, the
 310 Board shall insure compliance with the specified DMH/MR service division's
 certification standards. 
 
Author:
 Department of Mental Health and Mental
 Retardation

Notes

Ala. Admin. Code
 r. 
580-1-2-.06

New Rule: Filed October 1,
 2001; effective November 5, 2001.

Statutory Authority:

Code of Ala.
 1975
, §§
 
22-50-11
.

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