5122-25-02 Accreditation.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Mental Health

Agency Name

 

Janel M Pequignot

Division                                                                  Contact

 

30 E. Broad St., 8th floor Columbus OH 43215-3430 614-466-9065        614-752-9453

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

[e-mail]

Email

 

 

 

5122-25-02

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Accreditationrequirements.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 5119.61(A), 5119.611(E)

5.  Statute(s) the rule, as filed, amplifies or implements: 5119.61(A), 5119.611(E)

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

This rule lists the mental health services which currently require national behavioral health accreditation as a condition of ODMH certification, and contains rules to implement this program. The rule is being amended to include Intensive

Home-Based Treatment in the list of services, and to offer providers a choice in seeking accreditation prior to applying for ODMH certification, rather than making this a mandate.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Remove "requirements" from rule name.

Revise list of services which require appropriate behavioral health accreditation prior to submitting an application for certification to include Intensive Home Based Treatment, amend accreditation requirement to make it voluntary, rather than mandatory, for providers to obtain accreditation prior to applying for certification, and amend so that providers granted deemed status must notify the department if choosing not to reapply for accreditation.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

The rule references the Administrative Code and Revised Code, which are generally available to persons via the internet.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Correct RSFA question numbers 4 and 5 [statutory authority and rule amplifies] to 5119.611 (E)

Revise RSFA question numbers 8 and 9.

12. 119.032 Rule Review Date: 4/16/2013

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase/ decrease either revenues/ expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will increase revenues.

$20,000

If a provider chooses not to seek accreditation in order to obtain ODMH certification, then the provider is assessed a fee to cover part of the costs of certification.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Certification fees are deposited into 333149. Expenditures for the office of licensure and certification, which oversees the certification process for provider agencies, is 333321.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

Providers pay either a fee to the ODMH or to obtain accreditation from a national accrediting body.

Accreditation fees vary based upon accrediting body; agency size including budget, number of locations, consumers served and staff; number of services accredited,

etc. Average fees range from $6895 to $20,000 for a 3 or 4 year accreditation, although fees can be higher or lower. This is based upon fee schedules provided by the accrediting bodies. There is also the cost of staff time to implement and maintain conformance to accrediting body standards. The time and costs will vary based upon the size of the agency, number of accreditation services, locations, etc.

Some agencies already have accreditation IHBT. Agencies may or may not incur an additional accreditation fee if choosing to add IHBT service to its ODMH certification. This is dependent upon the accrediting body standards and agency size (including number of consumers, staff and sites), and ODMH is unable to estimate the cost of an increase, if applicable. Currently certified and accreditted providers wanting to add IHBT service are not required to obtain accreditation until their next regularly scheduled accreditation survey.

ODMH fees range from $375 to $4200 for a three year certification.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

A mental health agency is required to obtain ODMH certification if it wants to bill the community mental health Medicaid program and/or seek a contract with its local mental health board to receive local/public funding for the service.

Providers seeking other sources of funding for a service, e.g. contracts with insurance companies, private pay, etc. may operate without ODMH certification.

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

Sanction: An agency may be issued a probationary certificate for failure to submit

an approved plan of correction, or for non-compliance with any certification standard. There is no other sanction associated with the issuance of a probationary certificate, i.e. there are no fines or other consequences.

Cause of Action: ODMH can initiate a hearing under Chapter 119 of the Revised Code to revoke an agency's certification for failure to submit an approved plan of correction, or for non-compliance with any certification standard.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

The rules in Chapters 5122-24 through 5122-29 require community mental health providers to report information. Agencies applying for deemed status must submit accrediting body documentation in order for ODMH to grant deemed status.