(a) Care and services must:

1. (1)

   1. (A) Comply with all state and federal laws, rules, and regulations applicable to the furnishing of health care funded in whole or in part by federal funds, to all state laws and policies applicable to the Arkansas Medicaid Program generally, and to outpatient behavioral health services specifically, and to all applicable Department of Human Services policies including, without limitation, the department’s Participant Exclusion rule, 25 CAR pt. 30.
   2. (B) The Participant Exclusion rule, 25 CAR pt. 30, is available online at Provider Services & Quality Assurance - Arkansas Department of Human Services;
2. (2) Conform to professionally recognized behavioral health rehabilitative treatment models; and

3. (3)

   1. (A) Be established by contemporaneous documentation that is accurate and demonstrates compliance.
   2. (B) Documentation will be deemed to be contemporaneous if recorded by the end of the performing provider’s first work period following the provision of the care or services to be documented, or as provided in the Medicaid Outpatient Behavioral Health Services Manual, § 252.110, whichever is longer.

(b) Applicants and behavioral health agencies must:

1. (1) Be a legal entity in good standing;
2. (2) Maintain all required business licenses;
3. (3) Adopt a mission statement to establish goals and guide activities; and
4. (4) Maintain a current organizational chart that identifies administrative and clinical chains of command.

(c) Applicants/providers must establish and comply with operating policy that at a minimum implements credible practices and standards for:

1. (1) Compliance;
2. (2) Cultural competence; and

3. (3) Provision of services, including referral services, for clients that are indigent, have no source of third-party payment, or both, including:

   1. (A) Procedures to follow when a client is rejected for lack of a third-party payment source or when a client is discharged for nonpayment of care; and
   2. (B)

(i) Coordinated referral plans for clients that the provider lacks the capacity to provide medically necessary outpatient behavioral health services.

1. (ii) Coordinated referral plans must:

(b) (b) State the reason or reasons in the client record that the provider cannot or will not furnish the care; and

1. (c) (c) Provide quality control processes that assure compliance with care, discharge, and transition plans.