Ala. Admin. Code r. 580-3-23-.16

Decertification

This regulation establishes the decertification process administered by the Alabama Department of Mental Health and Mental Retardation (DMH/MR) for entities that fail to meet certification standards. It outlines the steps for recommending decertification, the entity's right to appeal or request a delay, the Commissioner's authority to immediately suspend or revoke certification when consumer safety is threatened, and the pathway to re-certification upon achieving compliance. Failure to meet one division's standards results in decertification only for those services, while certification for other services may continue.

Ala. Admin. Code r. 580-3-23-.16 - Decertification 

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(1)
 If the entity
 does not comply with required certification criteria within a specified
 timeframe, or if it is found to have consistently failed to meet standards, a
 recommendation for decertification is made to the DMH/MR Commissioner by the
 respective DMH/MR Division/Office. A copy of this recommendation is sent, via
 certified mail, to the Executive Director of the agency, and to its Board of
 Directors, and, as applicable, to the executive director of an agency holding
 the contract with DMH/MR. The term "consistently fails to meet standards"
 includes, but is not limited to, the receipt of provisional certification
 status by a program at least twice within one 12-month period.

(2)
 If the Commissioner notifies an entity of
 the intent to decertify their program it may appeal the decision for
 decertification, or it may request a delay for up to sixty (60) days in the
 Commissioner's final decision due to extenuating circumstances which must be
 specified, in order to fully comply with applicable standards. It remains
 solely within the discretion of the DMH/MR Commissioner to approve such a
 delay, based upon the type(s) and/or numbers of deficits or standards not met.
 If approved, the Commissioner will notify the provider of the period of time
 within which the entity must comply with standards.

(3)
 If the entity does not appeal the
 decision for decertification, or does not request a delay to comply with
 standards, the entity will be decertified on the date specified by the DMH/MR
 Commissioner.

(4)
 After notice to
 an entity and an opportunity for the entity to respond, the DMH/MR Commissioner
 may rescind or revoke any certification for any material neglect of, disregard
 of, or noncompliance with these standards and/or violation of federal, state or
 local law. The DMH/MR Commissioner may immediately suspend or revoke any
 Department Certificate under these standards if the Commissioner finds that a
 provider's deficiencies with a standard (or standards) poses a serious threat
 to the safety and welfare of any consumer served as determined by the
 Commissioner.

(5)
 If the entity has
 complied with standards within the timeframe specified in the Certification
 Site Visit Report, or as specified by the Commissioner after having granted a
 delay to come into compliance, a recommendation is made by the respective
 Division(s) to the DMH/MR Commissioner to certify/re-certify the entity for a
 period of one year from the date of the expiration of the entity's previous
 certification.

(6)
 Failure to
 comply with one Division's/Office's standards will result in a recommendation
 for decertification of the entity for the provision of those services only. An
 entity may continue and be certified to provide services of another division(s)
 as long as the entity complies with those certification standards. 
 
Author:
 DMH/MR Office of Certification

Authority:

Code of Ala.
 1975,

 §
 
22-50-11
.

Notes

Ala. Admin. Code
 r. 
580-3-23-.16

New Rule: Filed October 1,
 2001; effective November 5, 2001. Amended: Filed August 13, 2002; effective
 September 17, 2002. Amended: Filed January 19, 2005; effective February 23,
 2005.

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