24 Miss. Code. R. 2-1.3

Current through December 10, 2024
Rule 24-2-1.3 - About DMH Provider Certification
A. The purposes of the rules and requirements set forth in the Mississippi Department of Mental Health (DMH)Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Use Community Service Providers (i.e., DMH Operational Standards) are as follows:
1. To carry out the authority of the Mississippi State Board of Mental Health and the Mississippi Department of Mental Health (DMH) in fostering a public service delivery system which is comprised of an array of needed community-based mental health (MH), substance use disorder (SUD), and intellectual and developmental disabilities (IDD) services/supports and programs.
2. To promote the provision of safe, appropriate, and quality community-based services/supports and programs in Mississippi for people with mental health (MH) and substance use (SUD) prevention and treatment needs and people with intellectual and developmental disabilities (IDD).
3. To promulgate rules and requirements for obtaining and maintaining DMH certification as a community-based provider of mental health, intellectual and developmental disabilities, and/or substance use prevention and/or treatment services/supports and programs.
4. To outline eligibility requirements for DMH provider certification.
5. To outline DMH provider certification types and the requirements for each.
6. To outline the services/supports and programs for which DMH offers provider certification and the requirements for each.
7. To outline DMH's monitoring and compliance responsibilities and processes for provider certification.
B. DMH Agency Provider Certification is designed primarily for:
1. Community Mental Health Centers (CMHCs), operated by regional commissions, as outlined in Miss. Code Ann. § 41-19-33.
2. Certified Community Behavioral Health Clinics (CCBHCs).
3. Community-based providers of mental health (MH), intellectual/developmental disabilities (IDD), and/or substance use disorder (SUD) prevention and treatment services/supports and programs which require DMH provider certification to comply with applicable federal or state laws and/or with third-party payer source requirements pertaining to DMH provider certification.
4. Community-based providers of these services which receive funding through DMH.
5. Other community-based providers of these services which desire to achieve DMH provider certification, meet the requirements for such, and which DMH may be authorized to certify.
6. Any other providers of these services which are designated in state and/or federal law as requiring DMH provider certification.
7. Other Mississippi state agencies may also be eligible for DMH provider certification in a certain service area(s) which is under the purview of DMH to certify; in these instances, DMH reserves the right to limit certification of these specific services to state agencies.
8. Any other providers of these services which the Mississippi State Board of Mental Health may be further authorized to certify.
C. DMH certifies some agencies for specific services, rather than all services provided by the agency.
D. DMH Agency Provider Certification does not pertain to:
1. Providers which are outside the scope of DMH's authority to certify, as determined by DMH, the Mississippi State Board of Mental Health, and applicable federal and/or state laws.
2. Providers which are not community-based.
E. Community-Based Providers:
1. For the purposes of DMH provider certification, a "community-based" provider is defined as a provider of mental health, substance use, and/or IDD services which offers these services within local communities. These services may be day-centered or residential. Except for exclusions outlined in the DMH Operational Standards, for the purposes of DMH provider certification, "community-based" does not refer to services which are provided in institutional-based settings, as defined, and determined by DMH. (Note: Counties sometimes use Designated Mental Health Holding Facilities for the purpose of providing short-term emergency mental health treatment for people awaiting commitment proceedings or awaiting placement in a treatment setting.)

"Community-based" services, as further defined in the DMH Operational Standards, refers to the services/supports and programs which the Mississippi State Board of Mental Health and DMH designate as being required to be delivered in the community and may be related to provider type.

2. If a question persists as to whether a provider or service meets this "community-based" definition, DMH makes the determination, and this determination is considered binding on interested parties.
3. DMH provider certification is limited to the issuance of certification to provider applicants and certified providers, in accordance with applicable state and federal laws, and as outlined in the DMH Operational Standards.
4. Maintenance of DMH provider certification is contingent upon continued compliance with the most current version of the DMH Operational Standards, as well as other applicable state and federal rules, DMH rules, requirements, policies, and procedures.
F. DMH's full certification of a community-based provider of mental health, intellectual and developmental disabilities, and/or substance use disorder prevention/treatment services/supports and programs attests to the provider's assurances of:
1. Agreement to abide by all applicable state and federal laws pertaining to DMH provider certification.
2. Agreement to abide by the applicable rules promulgated by DMH to obtain and maintain DMH provider certification, as outlined in the DMH Operational Standards.
3. Agreement to adhere to principles of ethical and professional conduct.
4. Acknowledgement that initial and continued certification is contingent upon compliance with the applicable DMH Operational Standards as well as all applicable policies, procedures, rules, and requirements, as outlined by DMH.
5. Acknowledgement that noncompliance with the applicable DMH Operational Standards or other applicable policies, procedures, rules, and requirements as outlined by DMH, may result in enforcement action including, and up to, loss of DMH provider certification.

24 Miss. Code. R. 2-1.3

Miss. Code Ann. § 41-4-7
Adopted 11/1/2024