D.C. Mun. Regs. r. 22-A3000

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A3000 - GENERAL PROVISIONS

3000.1

Free Standing Mental Health Clinic (FSMHC) services are services provided by behavioral health practitioners within a clinic setting to eligible individuals (consumers) living in the community. The purpose of these rules is to set forth the requirements for:

(a) Certification by the Department of Behavioral Health (Department) of organizations to provide Free Standing Mental Health Clinic (FSMHC) services;

(b) Eligibility of individuals to receive treatment at FSMHCs;

(c) Services to be provided at FSMHCs; and

(d) Administrative requirements for an FSMHC.

3000.2

A FSMHC shall be certified by the Department in accordance with the rules set forth in this chapter. No person or entity shall operate a FSMHC without a valid FSMHC certification.

3000.3

The transition timeline from the Department of Health Care Finance (DHCF) certification to Department of Behavioral Health certification is as follows:

(a) Providers who were certified as an FSMHC by the Department of Health Care Finance (DHCF) prior to the publication of the Notice of Emergency and Proposed Rulemaking in the D.C. Register may retain certification under DHCF through November 2, 2020.

(b) All DHCF certifications will expire on November 2, 2020.

(c) Any provider wishing to continue to provide services as an FSMHC must submit a complete certification application with the Department prior to November 2, 2020 and obtain full certification by the Department by March 30, 2020.

(d) Failure to complete the certification process within that time frame will result in the loss of certification to provide FSMHC services.

(e) The Department will grant provisional certification to any existing FSMHC provider that submits a complete certification application by November 2, 2020. The provisional certification will expire upon full certification under this chapter, upon denial or decertification in accordance with this chapter, or the end of the certification window on March 30, 2021, whichever occurs first.

3000.4

An FSMHC shall meet the requirements of this chapter in order to obtain certification.

3000.5

Each certified FSMHC shall treat all consumers who meet the eligibility guidelines in § 3001.2 and require treatment. An FSMHC that seeks reimbursement for providing services to individuals eligible for local funding under § 3001.2 shall enter into a Human Care Agreement (HCA) with the Department prior to providing any services to those individuals.

3000.6

Upon certification, but prior to providing services, each FSMHC shall enter into a Medicaid Provider Agreement with DHCF. All Medicaid reimbursement for FSMHC services shall be through DHCF. All local dollar reimbursement for FSMHC services shall be through an HCA with the Department.

3000.7

Entities certified as an FSMHC in accordance with the requirements set forth in this chapter are eligible to apply for certification as a Health Home in accordance with the requirements set forth in 22-A DCMR §§ 2500, et seq.

3000.8

An FSMHC that is certified as a Health Home is eligible to receive reimbursement for the provision of Health Home services in accordance with the requirements set forth in 29 DCMR §§ 6900, et seq.

3000.9

The Department of Behavioral Health may exempt an applicant or Free Standing Mental Health Clinic from a certification standard if the Director determines that the exemption is reasonable and does not jeopardize the health and safety of consumers, violate consumers' rights, or otherwise conflict with the purpose and intent of these rules. The following shall apply to all exemptions issued under this chapter:

(a) If the Department approves an exemption, such exemption shall end on the expiration date of the provider certification or on an earlier date if specified by the Department; unless the provider requests renewal of the exemption prior to expiration of its certification or the earlier date set by the Department;

(b) The Department may revoke an exemption that it determines is no longer appropriate; and

(c) All requests for an exemption from certification standards shall be submitted in writing to the Department.

D.C. Mun. Regs. r. 22-A3000

Final Rulemaking published at 67 DCR 11929 (10/16/2020); amended by Final Rulemaking published at 68 DCR 012400 (11/26/2021)