Certification — Moratorium

1. Law
2. Arkansas Code
3. Public Health and Welfare
4. Mental Health
5. Treatment of Persons With Mental Illness
6. Rehabilitative Services for Persons with Mental Illness
7. Certification — Moratorium

1. (a) The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall:

   1. (1) Process a certification request for a site for rehabilitative services for persons with mental illness within ninety (90) calendar days of receiving all information that is necessary to review and process the certification request; and

   2. (2) Notify a prospective provider of rehabilitative services for persons with mental illness or an existing provider of rehabilitative services for persons with mental illness in writing of the certification determination and furnish a copy to the Division of Medical Services of the Department of Human Services.

2. (b)

   1. (1) Certification of a site for rehabilitative services for persons with mental illness that was not certified as of October 31, 2008, shall be suspended unless:

      1. (A) The site had a pending application under review by the Division of Behavioral Health Services on October 31, 2008;

      2. (B) The site is a replacement site opened by an existing provider of rehabilitative services for persons with mental illness to provide continuity of rehabilitative services for persons with mental illness when the provider of rehabilitative services for persons with mental illness is terminating services at a currently certified and operating site; or

      3. (C) The site is an existing operation.

   2. (2) This moratorium shall remain in effect until January 1, 2018.

3. (c)

   1. (1) If the Director of the Division of Aging, Adult, and Behavioral Health Services determines that the suspension is causing an undue hardship on a person with mental illness, the director may authorize a reasonable accommodation.

   2. (2) An undue hardship may exist if medically necessary services become unavailable due to the closure of a site for rehabilitative services for persons with mental illness or the ceasing of operations of a provider of rehabilitative services for persons with mental illness.

4. (d) The suspension shall not prohibit an existing provider of rehabilitative services for persons with mental illness from delivering rehabilitative services for persons with mental illness in a public school.

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