(b) Planned closings.

1. (1) Upon deciding to close a site either temporarily or permanently, the provider immediately must provide written notice to:

   1. (A) Clients;
   2. (B) The Department of Human Services;
   3. (C) The Division of Medical Services;
   4. (D) The Medicaid fiscal agent; and
   5. (E) The accrediting organization.
2. (2) Notice of site closure must state the site closure date.
3. (3) If site closure is permanent, the site certification expires at 12:00 a.m. the day following the closure date stated in the notice.

4. (4)

   1. (A) If site closing is temporary, and is for reasons unrelated to adverse governmental action, the department may suspend the site certification for up to one (1) year if the provider maintains possession and control of the site.
   2. (B) If the site is not operating and in compliance within the time specified in the site certification suspension, the site certification expires at 12:00 a.m. the day after the site certification suspension ends.

(c) Unplanned closings.

1. (1) If a provider must involuntarily close a site due to, for example, fire, natural disaster, or adverse governmental action, the provider must immediately notify clients and families, the department, the division, the Medicaid fiscal agent, and the accrediting organization of the closure and the reason or reasons for the closure.
2. (2) Site certification expires in accordance with any pending regulatory action, or, if no regulatory action is pending, at 12:00 a.m. the day following permanent closure.

(d) All closings.

1. (1) Providers must assure and document continuity of care for all clients who receive outpatient behavioral health services at the site.

2. (2) Notice of closure and continuing care options.

   1. (A) Providers must assure and document that clients and families receive actual notice of the closure, the closure date, and any information and instructions necessary for the client to obtain transition services.
   2. (B) After documenting that actual notice to a specific client was impossible despite the exercise of due diligence, providers may satisfy the client notice requirement by mailing a notice containing the information described in subdivision (d)(2)(A) of this section, above, to the last known address provided by the client.
   3. (C)

(i) Before closing, providers must post a public notice at each site entry.

1. (ii) The public notice must include the name and contact information for all behavioral health agencies within a fifty-mile radius of the site.

2. (3)

   1. (A) An acceptable transition plan is described below:
   2. (B) Department of Human Services Behavioral Health Agency Form 220 shall be used when a site is to be closed.

(f) Site transfer.

1. (1)

   1. (A) At least forty-five (45) calendar days before a proposed transfer of an accredited site, the provider must apply to the department to transfer site certification.

   2. (B) The application must include documentation that:

      1. (i) The provider notified the accrediting entity, and the accrediting entity has extended or will extend accreditation to the second site; or
      2. (ii) The accrediting entity has established an accreditation timeframe.
2. (2) The provider must notify clients and families, the department, the division, the Medicaid fiscal agent, and the accrediting organization at least thirty (30) calendar days before the transfer.

3. (3)

   1. (A) The department does not require an on-site survey, nor does the division require a new Medicaid provider number.
   2. (B) Please use Department of Human Services Behavioral Health Agency Form 220 for a site move or transfers.