5122-25-04 Certification procedure.

 

 

 

5122-25-04                  Certification procedure.

 

 

 

(A)Any agency subject to or seeking certification shall apply to the department by filing an application.

 

(1)Agencies that have received accreditation and are seeking deemed status from the department according to rule 5122-25-03 of the Administrative Code shall file an application that includes:

 

(a) Identifying information including:

 

(i) Name;

 

(ii) Address(es)  and  telephone  number(s)  at  which  the  applicant operates and address for legal notice and correspondence;

 

(iii) Name of executive director, chief executive officer or president; and

 

(iv) A list of services according to Chapter 5122-29 of the Administrative Code to be provided during the term of certification.

 

(b) Corporate information including:

 

(i) Identification of the statutory corporate agent for service; and

 

(ii) If an out-of-state corporation, a copy of the certificate from the Ohio secretary of state, of registration to do business in Ohio.

 

(c) Documentation of any existing waivers or variances from the department regarding the certification standards, and justification if the agency is seeking their extension.

 

(d)Notification if the agency uses seclusion and/or restraint or major aversive behavioral interventions in accordance with rule 5122-26-16 of the Administrative Code.

 

(e) If an agency is seeking certification for other mental health services as defined in rule 5122-29-27 of the Administrative Code, that are funded in whole or in part by a community mental health board, and for which there are no specific certification standards, the name of the service and a brief description of the service shall be submitted.

 

(f) Request for consideration by the department of deemed status, including the documentation required in rule 5122-25-03 of the Administrative Code.

 

 

 

 

(g) Documentation for consideration by ODMH of reciprocity with another state department's licensing, certification/licensure or approval requirements, in accordance with rule 5122-25-03 of the Administrative Code.

(2) Agencies that have not been granted deemed status by the department according to rule 5122-25-03 of the Administrative Code shall file an application that includes, but is not limited to:

(a) Identifying information including:

(i) Name:

(ii) Address(es)  and  telephone  number(s)  at  which  the  applicant operates and address for legal notice and correspondence;

(iii) Governing structure;

(iv) Agency budget;

(v) Table of organization;

(vi) Name of executive director, chief executive officer, or president;

(vii) List of qualified providers according to Chapter 5122-29 of the Administrative Code and the services they provide;

(viii) List of services according to Chapter 5122-29 of the Administrative Code to be provided during the term of certification; and

(ix) A list of subcontracts with other agencies or organizations that provide mental health services.

(b) Corporate information including:

(i) A  copy  of  the  applicant's  articles  of  incorporation  and  all amendments;

(ii) Identification of the statutory corporate agent for service; and

(iii) If an out-of-state corporation, a copy of the certificate from the Ohio secretary of state, of registration to do business in Ohio.

(c) Copies of approved physical inspections, either initial or renewal, for each building owned or leased, including:

(i) A building inspection by a local certified building inspector or a certificate of occupancy issued by the department of industrial relations, to be re-inspected whenever there are major alterations or modifications to the building or facility. An additional building inspection shall be required for any major change in the use of space that would make the facility subject to review under different building code standards;

(ii) Annual fire inspection by a certified fire authority, or where there is none available, by the division of the state fire marshal of the department of commerce; and

(iii) Water supply and sewage disposal inspection for facilities in which these systems are not connected with public services to certify compliance with rules of the department of health and any other state or local regulations, rules, codes or ordinances.

(d)Documentation of any existing waivers or variances from the department regarding the certification standards, and justification if the agency is seeking their extension.

(e) Notification if the agency uses seclusion and/or restraint or major aversive behavioral interventions in accordance with rule 5122-26-16 of the Administrative Code; and

(f)Documentation for consideration by ODMH of reciprocity with another state department's licensing, certification/licensure or approval requirements, in accordance with rule 5122-25-03 of the Administrative Code.

(g) If an agency is seeking certification for other mental health services as defined in rule 5122-29-27 of the Administrative Code, that are funded in whole or in part by a community mental health board, and for which there are no specific certification standards, the name of the service and a brief description of the service shall be submitted.

(B) Upon receipt of an application, the department shall review the materials to determine if they are complete. If an application is incomplete, the department shall notify the applicant of corrections or additions needed, and/or may return the materials to the applicant.

(C) Following the department's acceptance of materials as a complete application, the department shall determine whether the applicant's services and activities meet certification standards. The process for such a determination consists of the following:

(1) The department may make its determination of compliance with certification standards by review of the application materials, including a request for deemed status or reciprocity; or

(2) For agencies that have not been granted deemed status by the department according to rule 5122-25-03 of the Administrative Code, the department may schedule and conduct an on-site survey of the applicant's services and activities.

(a) At least thirty days before the scheduled survey date, the applicant shall:

(i) Notify appropriate community mental health boards and local client advocacy groups in writing of the ODMH survey date; and

(ii) Post notices of the ODMH survey date and of the opportunity for the public to participate in a public information interview during the survey. Such notices shall be posted in public areas, on bulletin boards near major entrances, and in treatment or residential areas of the applicant.

(D) The department may conduct an on-site survey at the time of initial application or renewal, at other times with appropriate notice, or at any time when it becomes aware of potentially serious care or safety issues. When scheduling surveys, the Department shall notify the appropriate mental health boards (s) and invite their participation, pursuant to section 340.03 (A)(3) of the Revised Code. The department shall have access to all records necessary to verify compliance with certification standards, and may conduct interviews with staff, others in the community, and clients with client permission. Exit interviews with agency staff shall be conducted during routine initial and renewal on-site surveys.

(E) An applicant that fails to comply with any or all of the certification standards shall receive a written statement from the department citing items that are not in compliance.

(1) This statement shall describe the deficiencies, actions needed for correction, and a timeframe for the agency to submit a written plan of correction.

(2) The agency's plan of correction shall describe the actions to be taken and shall specify a timeframe for correction of deficiencies.

(F) If an agency adds a service or activity subject to certification during the term of certification, the agency shall submit a description of the service or activity and the list of qualified providers. Upon determination by the department that the service or activity is in compliance with certification standards, the department will certify the agency to provide that service or activity.

(G) Each agency shall submit an application for certification renewal no fewer than sixty days prior to the expiration of the current certificate.

Effective:                                01/01/2004

R.C. 119.032 review dates:    03/12/2003 and 01/01/2009

CERTIFIED ELECTRONICALLY

Certification

10/23/2003

Date

Promulgated Under:   119.03

Statutory Authority:   5119.01(H), 5119.61(A),

5119.611(C)

Rule Amplifies:           5119.01(H), 5119.61(A),

5119.611(C)