Sec. 10.21.16.10. Deemed Status

A. Initial Request for Deemed Status. If a program is approved under Regulation .08 of this chapter and is accredited under relevant behavioral health care standards of the Joint Commission on the Accreditation of Health Care Organizations (JCAHO) or the Rehabilitation Accreditation Commission (CARF), the program director may request that the Secretary grant the program deemed status by submitting a written request to the Administration and the CSA at least 90 days before the expiration of the program's current approval status that includes the:

(1) Application for deemed status;

(2) Accreditation body's full report, including the program's status and any conditions placed on the program;

(3) Most recent report by the Department's designated approval unit; and

(4) Program improvement plans, if any, required by the accreditation body or the Department's designated approval unit.

B. Request for Renewal of Deemed Status. The program may request that the Secretary renew the program's deemed status by submitting a written request to the Administration at least 60 calendar days before the expiration of the program's current deemed status that includes the:

(1) Application for deemed status renewal;

(2) Most recent accreditation body's full report, including the program's status and any conditions placed on the program;

(3) Program improvement plan, if any, required by the accreditation body; and

(4) Documentation of verification from the CSA or lead CSA, of program compliance with the conditions, if any, outlined under §D(1)(b) of this regulation.

C. Evaluation of Request for Initial Deemed Status or Renewal of Deemed Status. Within 60 calendar days of receipt of the request under §A or B of this regulation:

(1) The Administration, in consultation with the CSA or lead CSA, and the Department's designated approval unit:

(a) Shall evaluate the request for deemed status;

(b) May meet with the program director; and

(c) May arrange for an on-site evaluation; and

(2) The Director shall recommend to the Secretary a decision regarding deemed status, based on:

(a) Comparison of the standards used by the accreditation body with the chapter under this subtitle that outlines the requirements for the specific program; and

(b) The results of an on-site evaluation, if any.

D. Decision Regarding Deemed Status. Based on the evaluation of the request for deemed status conducted under §C of this regulation, the Secretary shall:

(1) Decide whether to:

(a) Approve deemed status;

(b) Approve deemed status with conditions, which may include evaluation by the Department's designated approval unit; or

(c) Propose to deny approval of deemed status; and

(2) Send notice of the decision to the:

(a) Department's designated approval unit;

(b) Program director;

(c) Administration; and

(d) CSA or lead CSA.

E. Denial of Deemed Status.

(1) If the Secretary proposes to deny approval of deemed status, the Secretary shall give written notice of the proposed denial to the:

(a) Department's designated approval unit;

(b) Program director;

(c) Administration; and

(d) CSA or lead CSA.

(2) In the notice under §E(1) of this regulation, the Secretary shall include:

(a) The date that the Secretary proposes to deny approval of deemed status; and

(b) The facts that warrant the proposed denial of deemed status.

(3) Upon receipt of the notice under §E(2) of this regulation, the program director may:

(a) Withdraw the request for deemed status; and

(b) Request an on-site review for approval by the Department's designated approval unit.

(4) If the program director does not take the action under §E(3) of this regulation and if, after notice and opportunity to be heard, the Secretary denies approval of deemed status, the Director shall notify the program director that, unless the program elects not to seek approval, the Department's designated approval unit shall conduct an on-site review for the purpose of granting or denying approval under Regulation .08 or .12 of this chapter.