Sec. 10.21.16.13. Program Request for Discontinuation of Operations

A. If a program intends to discontinue operation, the program director shall, no less than 60 calendar days before the program intends to discontinue operation, submit to the Department's approval unit, the Administration, and the lead CSA its written plan for:

(1) Cessation of operations, including relevant dates;

(2) Transitioning individuals within its program to other mental health services;

(3) Storing and protecting all records;

(4) Notifying employees, consultants, and consumers of its cessation of operations;

(5) If a nonprofit organization, the return of funds to the State, as required;

(6) Reimbursement of employees for lost benefits, such as sick leave, vacation, and pension plan transitions; and

(7) An audited financial statement, current as of the date of the request to discontinue operations.

B. Within 30 days of receipt of the program's request to discontinue operations, the Department's approval unit shall:

(1) Notify the program in writing whether its plan is acceptable; and

(2) If the plan is unacceptable, meet with the program and the lead CSA to formulate a plan that protects the health, safety, and welfare of the individuals served by the program and program staff.

C. The program may not discontinue operations until the Department's approval unit authorizes this discontinuation.

D. The program shall be responsible for delivering services to the individuals in its program until such time as the Department's approval unit approves the discontinuation.

E. The program shall surrender its approval to provide services concurrent with the date on which it ceases operation.

F. At all times, the program shall cooperate with the Administration, the Department's approval unit, and the lead CSA.

G. Failure to comply with any section of this regulation may result in monetary penalties against the program's surety bond.

H. If a program that is discontinuing operation does not comply with §§A-F of this regulation, the Secretary may deny approval to any future application that the program, or principals of the program, may submit.