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

Current through Register Vol. 43, No. 1, October 31, 2024

Section 580-3-23-.16 - Decertification

(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.

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.