To be approved by the department, a community behavioral health services provider described in 7 AAC 70.010(a)(1) that does not receive money from the department must

1. (1) meet the requirements of this section and the additional requirements of 7 AAC 70.030(a) for the services that the provider has been approved to provide;
2. (2) collect and report the statistical and service data requested by the department under AS 47.37.140; if providing any substance use disorder treatment service listed in 7 AAC 70.030(a)(4) - (7);
3. (3) have a documented formal agreement with a physician to provide general direction and direct clinical services as needed, if the provider is providing behavioral health clinic services;
4. (4) maintain a clinical record for each recipient in accordance with 7 AAC 135.130;
5. (5) ensure that all recipients have given informed consent;
6. (6) report to the department any recipient who is missing or deceased;
7. (7) comply with the requirements of AS 47.05.300 - 47.05.390 and 7 AAC 10.900 - 7 AAC 10.990 as applicable for each individual described in 7 AAC 10.900(b) and associated with a provider;
8. (8) submit to the department a record of a criminal history background check for each member of the provider's staff upon request;
9. (9) maintain liability and malpractice insurance in accordance with professional and industry standards; and

10. (10) comply with the following requirements regarding provider records, including recipient clinical records if the provider closes as a service provider under this chapter:

    1. (A) notify the department in writing not later than 48 hours after the decision to close as a service provider;

    2. (B) notify the department whether the provider will

       1. (i) retain and store the provider records;
       2. (ii) transfer its records to the department; or
       3. (iii) transfer its records to another organization;
    3. (C) maintain a formal plan for the transfer of records that ensures access to records and include a description of how and when the provider will notify each recipient of service of where the files will be transferred, and how the recipient can get a copy of that recipient's records; the plan for notice under this subparagraph must include a list of those recipients for whom the provider has on file a signed release allowing the recipient's files to be transferred, and a list of those for whom a signed release has not been obtained;
    4. (D) before transfer, ensure that records of minors are separated from records of adults.

(Eff. 10/1/2011, Register 199; am 4/9/2017, Register 222; am 4/24/2020, Register 234)

Authority: AS 47.05.010, AS 47.30.530, AS 47.37.140