Alaska Admin. Code tit. 7, § 70.030 – Department approval of a provider of behavioral health services

(a) The department will approve an organization to provide behavioral health services in this state only if that organization meets the requirements for a community behavioral health services provider under 7 AAC 70.100 or 7 AAC 70.130 and provides one or more of the following:
1. (1) behavioral health clinic services under 7 AAC 135.010(b);
2. (2) behavioral health rehabilitation services under 7 AAC 135.010(c);
3. (3) day treatment services for children under 7 AAC 135.250;
4. (4) 1115 substance use disorder waiver services under 7 AAC 138;
5. (5) one or more withdrawal management services under 7 AAC 70.110;
6. (6) one or more residential substance use disorder treatment services under 7 AAC 70.120;
7. (7) opioid use disorder treatment services under 7 AAC 70.125;
8. (8) behavioral health services to a recipient referred by the alcohol safety action program under 7 AAC 70.145; or
9. (9) autism services under 7 AAC 135.350.
(b) In an approval issued under this section, the department will identify
1. (1) one or more of the services identified in (a) of this section for which the provider is approved;
2. (2) the service area for which the provider is approved;
3. (3) the physical location approved by the department for each facility operated by the provider where an individual in the community can access behavioral health services;
4. (4) the local school district that has a written agreement with a community behavioral health services provider for day treatment services, in accordance with 7 AAC 135.250(d); and
5. (5) the total number of alcohol and other drug withdrawal management beds or the total number of residential substance use disorder treatment service beds regardless of the funding source.
(c) If a behavioral health services provider is accredited under 7 AAC 70.150, the department will issue a department approval for a fixed period of time not to exceed 180 days from the expiration date of the provider's certificate of accreditation, except as provided in (f) and (k) of this section. A provider must seek renewal of a department approval before the expiration date of a current department approval.
(d) The department will issue a provisional department approval to a community behavioral health services provider who otherwise meets the requirements of this chapter to allow the provider sufficient time to obtain national accreditation in accordance with 7 AAC 70.150 if the provider
1. (1) is seeking initial department approval that complies with the interim standards set out in 7 AAC 70.200, and is currently working to get national accreditation;
2. (2) has a current department approval and is accredited, but is adding a location or service category; or
3. (3) has a current department approval and is accredited, but the accreditation is not applicable to the services provided.
(e) The department will issue a provisional approval under (d) of this section for up to two years from the date the department issued the provisional approval. However, the department will issue an opioid use disorder treatment program a provisional approval for a maximum of only one year.
(f) As it considers necessary for compliance by the provider with 7 AAC 70.100 or 7 AAC 70.130, or as it considers necessary to protect the health, safety, or well-being of a recipient of the provider's services, the department will impose a temporary or permanent special condition on an approval issued under this section.
(g) A department approval issued under this section is not transferable.
(h) A behavioral health services provider shall display the department approval in a prominent location that is visible to the public in the provider's primary workplace.
(i) If the department denies an approval under this section, the department will notify the provider in writing.
(j) To appeal the denial of an approval under this section, or to appeal a temporary or permanent special condition placed on the approval, a provider must submit a timely notice of appeal in writing to the department. A notice of appeal is timely if the department receives it no later than 30 days after the date that the department issues the notice of denial or the approval with the condition. The appeal will be conducted in accordance with AS 44.62.330 - 44.62.630.
(k) If during the approval period the department finds that the provider is out of compliance with the requirements of this chapter, the department will take action under 7 AAC 70.900.