As used in this part:

1. (1)

   1. (A) “Accreditation” means full accreditation (preliminary, expedited, probationary, pending, conditional, deferred, or provisional accreditations will not be accepted) as an outpatient behavioral healthcare provider issued by at least one (1) of the following:

      1. (i) Commission on Accreditation for Rehabilitative Facilities Behavioral Health Standards Manual;
      2. (ii) The Joint Commission Comprehensive Accreditation Manual for Behavioral Health Care; or
      3. (iii) Council on Accreditation Outpatient Mental Health Services Manual.
   2. (B) Accreditation timing for specific programs is defined in the applicable Department of Human Services certification manual for that program;

2. (2)

   1. (A) “Adverse license action” means any action by a licensing authority that is related to client care, any act or omission warranting exclusion under Department of Human Services’ Participant Exclusion rule, 25 CAR pt. 30, or that imposes any restriction on the licensee’s practice privileges.
   2. (B) The action is deemed to exist when the licensing entity imposes the adverse action except as provided in Arkansas Code § 25-15-211(c);
3. (3) “Applicant” means an outpatient behavioral healthcare agency that is seeking Department of Human Services’ certification as a behavioral health agency;
4. (4) “Certification” means a written designation issued by the Department of Human Services declaring that the provider has demonstrated compliance as declared within and defined by this part;
5. (5) “Client” means any person for whom a behavioral health agency furnishes, or has agreed or undertaken to furnish, outpatient behavioral health services;

6. (6)

   1. (A) “Client information system” means a comprehensive, integrated system of clinical, administrative, and financial records that provides information necessary and useful to deliver client services.
   2. (B) Information may be maintained electronically, in hard copy, or both;

7. (7) “Compliance” means conformance with:

   1. (A) Applicable state and federal laws, rules, and regulations including, without limitation:

      1. (i) Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq., and implementing regulations;
      2. (ii) Other federal laws and regulations governing the delivery of health care funded in whole or in part by federal funds, for example, 42 U.S.C. § 1320c-5;
      3. (iii) All state laws and rules applicable to Medicaid generally and to outpatient behavioral health services specifically;
      4. (iv) Title VI of the Civil Rights Act of 1964 as amended, and implementing regulations;
      5. (v) The Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq., and implementing regulations; and
      6. (vi) The Health Insurance Portability and Accountability Act, as amended, 29 U.S.C. § 1182, and implementing regulations; and
   2. (B) Accreditation standards and requirements;
8. (8) “Contemporaneous” means by the end of the performing provider’s first work period following the provision of care of services to be documented, or as provided in the Medicaid Outpatient Behavioral Health Services Manual, whichever is longer;
9. (9) “Coordinated management plan” means a plan that the provider develops and carries out to ensure compliance and quality improvement;
10. (10) “Corrective action plan (CAP)” means a document that describes both short-term remedial steps to achieve compliance and permanent practices and procedures to sustain compliance;
11. (11) “Covered healthcare practitioner” means any practitioner providing outpatient behavioral health services that is allowable to be reimbursed pursuant to the Medicaid Outpatient Behavioral Health Services Manual;
12. (12) “Cultural competency” means the ability to communicate and interact effectively with people of different cultures, including people with disabilities and atypical lifestyles;
13. (13) “Deficiency” means an item or area of noncompliance;
14. (14) “DHS” means the Department of Human Services;
15. (15) “Emergency behavioral health agency services” means nonscheduled behavioral health agency services delivered under circumstances where a prudent layperson with an average knowledge of behavioral health care would reasonably believe that behavioral health agency services are immediately necessary to prevent death or serious impairment of health;

16. (16)

    1. (A) “Fifty-mile radius” means fifty (50) miles from a certified site by driving distance.
    2. (B) Driving distance is calculated by a method of utilizing a standardized mapping application;
17. (17) “Medical director” means a physician that oversees the planning and delivery of all behavioral health agency services delivered by the provider;

18. (18)

    1. (A) “Mental health professional” or “MHP” means a person who possesses an Arkansas license to provide clinical behavioral health care.
    2. (B) The license must be in good standing and not subject to any adverse license action;

19. (19)

    1. (A) “Mobile care” means a face-to-face intervention with the client at a place other than a certified site operated by the provider.

    2. (B) Mobile care must be:

       1. (i) Either clinically indicated in an emergent situation or necessary for the client to have access to care in accordance with the care plan;
       2. (ii) Delivered in a clinically appropriate setting; and
       3. (iii) Delivered where Medicaid billing is permitted if delivered to a Medicaid eligible client.
    3. (C) Mobile care may include medically necessary behavioral health care provided in a school that is within a fifty-mile radius of a certified site operated by the provider;

20. (20)

    1. (A) “Multidisciplinary team” means a group of professionals from different disciplines that provide comprehensive care through individual expertise and in consultation with one another to accomplish the client’s clinical goals.

    2. (B) Multidisciplinary teams:

       1. (i) Promote coordination between agencies;
       2. (ii) Provide a checks and balances mechanism to ensure that the interests and rights of all concerned parties are addressed; and
       3. (iii) Identify service gaps and breakdowns in coordination or communication between agencies or individuals;
21. (21) “NPDB” means the Department of Health and Human Services, Health Resources and Services Administration National Provider Data Bank;
22. (22) “Performing provider” means the individual who personally delivers a care or service directly to a client;

23. (23)

    1. (A) “Professionally recognized standard of care” means that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession.
    2. (B) Conformity with Substance Abuse and Mental Health Services Administration evidence-based practice models is evidence of compliance with professionally recognized standards of care;
24. (24) “Provider” means an entity that is certified by the Department of Human Services and enrolled by the Division of Medical Services as a behavioral health agency;

25. (25) “Qualified behavioral health provider” means a person who:

    1. (A) Does not possess an Arkansas license to provide clinical behavioral health care;
    2. (B) Works under the direct supervision of a mental health professional;
    3. (C) Has successfully completed prescribed and documented courses of initial and annual training sufficient to perform all tasks assigned by a mental health professional; and
    4. (D) Acknowledges in writing that all qualified behavioral health provider services are controlled by client care plans and provided under the direct supervision of a mental health professional;

26. (26)

    1. (A) “Quality assurance (QA) meeting” means a meeting held at least quarterly for systematic monitoring and evaluation of clinic services and compliance.
    2. (B) See also Medicaid Outpatient Behavioral Health Services Manual, § 212.000;

27. (27) “Reviewer” means a person employed or engaged by:

    1. (A) The Department of Human Services or a division or office thereof; or
    2. (B) An entity that contracts with the Department of Human Services or a division or office thereof;

28. (28)

    1. (A) “Site” means a distinct place of business dedicated to the delivery of outpatient behavioral health services within a fifty-mile radius.
    2. (B) Each site must be a bona fide behavioral health agency, meaning a behavioral health outpatient clinic providing all the services specified in this part and the Medicaid Outpatient Behavioral Health Services Manual.

    3. (C) This includes sites the Department of Human Services may certify when adjunct to or collocated with nonbehavioral healthcare services or facilities such as:

       1. (i) A school;
       2. (ii) A day care facility;
       3. (iii) A long-term care facility; or
       4. (iv) The office or clinic of a physician or psychologist;
29. (29) “Site relocation” means closing an existing site and opening a new site no more than a fifty-mile radius from the original site;
30. (30) “Site transfer” means moving existing staff, program, and clients from one physical location to a second location that is no more than a fifty-mile radius from the original site;
31. (31) “Supervise” means to direct, inspect, observe, and evaluate performance; and

32. (32) “Supervision documentation” means:

    1. (A) Written records of the time, date, and subject or subjects; and
    2. (B) Duration of supervisory contact maintained in the provider’s official records.

Codification Notes: Title VI of the Civil Rights Act of 1964 is codified at 42 U.S.C. § 2000d et seq.