(a) When considering an application for approval under this subpart for expansion of early intervention day treatment services, including CHMS, DDTCS for children, or any successor program services, the Division of Developmental Disabilities Services shall give approval in the following order of preference:

1. (1) A certified CHMS, a licensed DDTCS for children, or a successor program with existing operations in the county identified by the division as underserved;
2. (2) A CHMS program, a licensed DDTCS for children, or a successor program from another county in the state;
3. (3) An accredited entity in the underserved county;
4. (4) An accredited entity from another county in the state; and
5. (5) An accredited entity from outside the state.

(b) The division shall not require accreditation of the following entities in order to approve the entity's application for expansion of early intervention day treatment services:

1. (1) A certified CHMS program with existing operations on July 1, 2013;
2. (2) A licensed nonprofit community program providing developmental day treatment services for children with existing operations on July 1, 2013;
3. (3) A successor program that was a certified CHMS program with existing operations on July 1, 2013; and
4. (4) A successor program that was a licensed nonprofit community program providing DDTCS services for children with existing operations on July 1, 2013.

(c) Limitation.

1. (1) DDTCS providers with existing operations who are on a regular with requirements, temporary, or provisional licensure status with Division of Developmental Disabilities Services, or are excluded under Department of Human Services’ Participant Exclusion, 25 CAR pt. 30, may not file any notice or application to expand under this subpart; and
2. (2) CHMS providers with existing operations who are subject to a certification sanction or administrative remedy by the Department of Human Services, the Department of Health, or are excluded under Department of Human Services’ Participant Exclusion, 25 CAR pt. 30, may not file any notice or application to expand under this subpart.