Rule 24-2-2.16 - Administrative Certification Actions and SanctionsA. Based on issues of noncompliance, DMH may determine the need to take administrative action on or sanction a provider's certification. This decision is made by the applicable DMH Deputy Director, DMH Executive Director or designee, and/or the DMH CRC.B. Sanctions/administrative actions which may be imposed include: 1. Issuance of a letter of official reprimand to the DMH-certified provider; (the letter of official reprimand may require specific follow-up actions by the DMH-certified provider to maintain certification).2. Issuance of a "cease and desist" letter.3. Placement of certification on probation.4. Denial of certificate renewal.5. Suspension of certification for any period.6. Termination of certification.7. Revocation of certification.C. A determination that the certification status of the agency's overall certification (or certification of a specific service/support or program) may have an administrative action executed based upon any of the following criteria:1. Failure to comply with rules and requirements outlined in the DMH Operational Standards.2. Failure to comply with guidelines, contracts, policies/procedures, data requirements, memoranda of understanding, and memoranda of agreement.3. Failure to comply with DMH fiscal and/or grants requirements.4. Failure to provide services, inclusive of required services, as outlined in the DMH Operational Standards, for a period of 12 months.5. Defrauding a person receiving services, person that may potentially receive services, and/or third-party payer sources.6. Endangerment of the safety, health, and/or the physical or mental well-being of a person served by the agency provider.7. Inappropriate or unethical conduct by agency provider personnel or its governing authority.8. Substantiated complaints and grievances investigations.9. Providing DMH with false information.10. Use of DMH provider certification in a fraudulent manner.11. Substantiated breaches of ethical and professional conducted as outlined in Chapter 14.12. Sanctions by applicable external oversight agencies/organizations.13. Any other just cause as identified by the Mississippi State Board of Mental Health/DMH Executive Director.D. DMH will notify the Executive Director or designee of the agency provider in writing of an administrative action and the criteria for which that determination was made.E. Should DMH administratively suspend a certified agency provider, service, or service location, the Executive Director of the agency provider will have the opportunity to request a suspension lift to the CRC within 30 business days of the notice of suspension.F. To receive a suspension lift, the agency in suspended status is required to follow the remedial actions prescribed by the CRC on a timeline as established by the CRC. A provider with an unresolved suspension status may have the certification of the agency provider (or the DMH-certified service/support or program) in suspension migrated to terminated status.G. Should DMH terminate the certification of an agency provider (or the DMH-certified service/support or program), then the agency provider cannot reapply for DMH certification of the agency or service(s)/supports and/or programs, respectively, for a period of one (1) year from the date of the termination, per the notification of such by DMH. Agency providers are limited to two (2) terminations relating to certification, service(s), support(s), program(s), or program type(s). Once an agency provider has been terminated twice for any of the aforementioned reasons, the agency provider may not reapply for certification.H. DMH will notify the DOM of any agency provider's suspension, revocation, and/or termination status.