Ala. Admin. Code r. 580-1-2-.06 - Standards For Certification
(1) A certified 310 Board must meet the
following standards:
(a) The 310 Board must
have on file with DMH/MR their Articles of Incorporation and all amendments,
which were provided to the local county governmental entity which established
and approved the articles or amendments.
(b) The 310 Board must have on file with
DMH/MR a copy of their bylaws, which are consistent with their Articles of
Incorporation and with the Code of Alabama.
(c) The 310 Board must have approved by
DMH/MR under the Code of Ala. 1975, Section
22-51-7 any amendments to the 310
Boards Articles of Incorporation and must have these amendments on file with
the DMH/MR.
(d) The 310 Board's
Articles of Incorporation must state the services to be provided.
(e) The 310 Board must have on file with
DMH/MR the resolution(s) from counties indicating the geographical area for the
operation of a 310 Board.
(f) The
310 Board must provide to the DMH/MR annually an unqualified prior year audit
including such DMH/MR contracted funds allocated for subcontractors.
(g) The 310 Board of Directors shall be
established according to Alabama Code Section
22-51-8. Each certified 310 Board
must provide a list of the Board of Directors to DMH/MR.
(h) The 310 Board of Directors should include
consumers and family members of the population(s) designated to be served. In
the event a 310 Board does not include consumers and family members of the
populations(s) it serves, then the Board shall appoint an advisory committee of
said consumers and family members.
(i) The 310 Board of Directors shall develop
written policies and procedures to assure neither they nor their employees,
agents, volunteers, or providers/owners, have any conflicts of interests in any
business relationship they may have with a 310 Board.
(j) The 310 Board must comply with the
Alabama Bid Law, Alabama Code Section
41-16-50
et
seq. (Supp. 1999). Within
this context, members of the governing bodies and instrumentality's of local
governmental authorities must comply with the conflict of interest statute,
Alabama Code Section
41-16-60 (1991). There must be an
arms length transaction between the members of the Board of Directors of a 310
Board who also serves on the Board of Directors of a subcontractor.
(k) The 310 Board of Directors must comply
with the Alabama "Sunshine Law", which prohibits an executive or secret session
except when the character or good name of a person is involved, Alabama Code
Section 13A-14-2 (1994).
(l) The 310 Board must provide to DMH/MR a
two-year plan of services specifying the type, the quantity and location of
services provided for their designated population.
(m) The 310 Board must provide to DMH/MR a
comprehensive study of needs assessment and available resources for their
designated population within their geographical location.
(n) The 310 Board when subcontracting shall
provide to the DMH/MR a copy of the subcontract for approval prior to
initiation. No certified 310 Board may subcontract more than 10% of their total
DMH/MR funding without approval of the DMH/MR.
(o) The 310 Board may use no more than 20% of
the DMH/MR contracted funds for administrative costs. Administrative costs
include non-direct program costs and administrative costs to support, maintain,
and administer the direct program services provided or contracted by the 310
Board.
(p) The 310 Board shall not
charge an administrative fee to subcontractors providing services funded
through DMH/MR.
(q) The 310 Board
shall pay subcontractors within 15 working days of the receipt of contract
funds from DMH/MR.
(r) The 310
Board shall establish a CQI system, which complies with the standards set forth
by the DMH/MR, and shall encompass its subcontractors of DMH/MR
services.
(s) For specific programs
and services provided by certified 310 Boards or subcontracted by certified 310
Boards, as spelled out by Alabama Code Section
22-51-1(8), the
310 Board shall insure compliance with the specified DMH/MR service division's
certification standards.
Author: Department of Mental Health and Mental Retardation
Notes
Statutory Authority: Code of Ala. 1975, ยงยง 22-50-11.
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