A. The Board of Mental Health and Substance Abuse Services shall adopt minimum standards for program certification for residential care homes operating as community residential mental health programs as provided in this section. The standards shall be adopted as rules and promulgated by the Board of Mental Health and Substance Abuse Services pursuant to the provisions of the Administrative Procedures Act.

B. The program certification standards adopted by the Board shall provide for a system of classification of community residential mental health programs based upon the level of care required by residents of the facility and establish minimum program certification standards for each classification. The program certification standards adopted by the Board for each classification shall be such that residential care facilities having a valid contract with the Department and licensed by the State Department of Health on July 1, 1988, shall be qualified and eligible for program certification within an appropriate classification.

C. The Department shall terminate the contract of any home that fails to meet contract provisions regarding financial statements.

D. The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of community residential mental health facilities and programs as provided in Section 3-324 of this title.

E. Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.

Added by Laws 1988, c. 283, § 20, operative Nov. 1, 1988. Amended by Laws 1990, c. 51, § 74, emerg. eff. April 9, 1990; Laws 1991, c. 301, § 8, eff. July 1, 1991; Laws 2003, c. 46, § 16, emerg. eff. April 8, 2003; Laws 2006, c. 97, § 4, eff. Nov. 1, 2006; Laws 2007, c. 130, § 2, eff. Nov. 1, 2007; Laws 2010, c. 287, § 13, eff. Nov. 1, 2010.