Ga. Comp. R. & Regs. R. 111-8-53-.07 - Applications

(1) Mandatory Information Forum. Potential applicants must send at least one representative to attend the Information Forum which shall be held at least fourteen (14) days prior to the start of the Open Enrollment Period. Failure to attend the Information Forum shall disqualify any applicant from consideration during open enrollment.

(2) Letter of Intent. Applicants for licensure must submit a letter of intent stating such applicant's intention to apply for a narcotic treatment program license. Such letter of intent shall include the intended address and Region location. The letter shall be delivered to the Department at least seven (7) days prior to the beginning of the Open Enrollment Period.

(3) The first Open Enrollment Period shall be held December 1, 2017 through December 31, 2017. Thereafter, the Open Enrollment Period shall be held in the month of December of each following year unless the Department issues a Public Notice prior to December 1 specifying an alternate time frame for enrollment.

(4) No later than the last day of the Open Enrollment Period, an application for a license to operate a narcotic treatment program must be submitted by the governing body to the Department on forms provided by the Department and must contain all information and documents designated by the Department, including, at a minimum:

(a) Data and details regarding treatment and counseling plans;

(b) Written operating standards that demonstrate an organizational capability to meet these rules;

(c) Biographical and qualifications of owners, medical directors, counselors, and other required staff;

(d) A listing of all currently licensed narcotic treatment programs within the Region of proposed location and within a 75 mile radius, whether or not such other programs are outside of the Region.

(e) Patient levels of currently licensed programs in the proposed Region of care and within 75 miles, including

1. The number of patients admitted to current narcotic treatment programs in the most recent month; and

2. The number of patients served by current narcotic treatment programs in the most recent month,

(f) Data on demographic, social, health, economic, alcohol and drug related crimes, alcohol and drug overdoses, and hospital and emergency department admission of individuals addicted to opioids for the program location;

(g) Applicant experience operating a narcotic treatment program or working at such program, including complete history of such experience both within this state and in any other state;

(h) Program ownership in other locations, if any, including a complete and accurate description of narcotic treatment program experience, including whether the applicant currently holds, has held, or had revoked any licenses, registrations, enrollments, accreditations, contracts, and network memberships. The applicant shall disclose any adverse actions against the applicant while employed by or as a result of ownership of a narcotic treatment program;

(i) Evidence the applicant sought community input for the proposed location from substance abuse advocacy organizations, civic organizations, neighborhood associations, locally elected officials, and other groups;

(j) Proof of notification of intent to file an application with all law enforcement offices within a 25 mile radius of the proposed program location;

(k) Proof of notification of intent to file an application with all drug courts within a 75 mile radius of the proposed program location;

(l) A narrative description of and information about adjoining businesses and occupancies within 200 feet of the facility, including a description of transportation access, traffic patterns, security features, local area police and crime reports, and neighborhood safety;

(m) A complete description of the facility's parking arrangements for staff and patients; and

(n) Assurances satisfactory to the Department that the program is in compliance with all applicable federal and state laws for the handling and dispensing of drugs and all state and local health, safety, sanitation, building, and zoning requirements.

(5) Approval by SAMHSA, the DEA, and the Georgia State Board of Pharmacy. An application must include assurances satisfactory to the Department that the program will meet the requirements for approval by SAMHSA or other applicable federal agency, the DEA, and the Georgia State Board of Pharmacy.

(6) False or Misleading Information. An application for a license must be truthfully and fully completed. In the event that the Department has reason to believe that an application has not been completed truthfully, the Department may require additional verification of the facts alleged. The Department may revoke a license or refuse to issue a license where material false statements have been made on or in connection with an application.

(7) History of Compliance. When an existing licensee applies to operate another program, the Department will consider the licensee's history of compliance in Georgia and may consider the licensee's compliance in any other state when determining the applicant's eligibility for another license. When an applicant that has previously operated a program applies to operate a new program, the Department will consider the compliance history of the applicant in Georgia and may consider the compliance history of the applicant in any other state.

(8) No license shall be issued to any governing body that has been denied a license by the Department during the previous 12 months. No license shall be issued to any governing body that has had a license revoked by the Department during the previous 12 months.

(9) Criminal Background Checks for Applicant/Owner. Prior to the issuance of any new license, the applicant of the business or agency applying for the license shall be required to submit a records check application so as to permit the Department to obtain a criminal history background check. After initial licensure, the owner shall be required to submit evidence of a satisfactory background check to the Department every three (3) years.

(a) At the time of initial licensure, in lieu of a records check application, the applicant may submit evidence, satisfactory to the Department, that within the immediately preceding 12 months the owner has received a satisfactory narcotic treatment program criminal records check determination.

(b) A narcotic treatment program license shall not be issued, and any issued license shall be revoked, where it has been determined that the applicant/owner has received an unsatisfactory criminal records check determination involving any of the covered crimes, as defined in paragraph (f) of Rule 111-8-53-.03.

(c) An owner with a valid narcotic treatment program license who acquires a criminal record for any of the crimes listed in paragraph (f) of Rule 111-8-53-.03 subsequent to the effective date of the license shall disclose the criminal record to the Department.

(d) If at any time the Department has reason to believe an owner holding a valid license has been arrested, charged, or convicted of any of the covered crimes listed in paragraph (f) of Rule 111-8-53-.03, the Department shall require the owner to submit a records check application immediately for determination of whether a revocation action is necessary.

(e) An owner holding a valid narcotic treatment program license issued prior to May 4, 2017 shall not be subject to any of the background check requirements stated in this Rule 111-8-53-.07(9). However, if there is a change in the governing body of a program licensed prior to May 4, 2017, any new individuals with an ownership interest in the program shall be subject to the requirements of this Rule 111-8-53-.07(9).

(10) Application Review Committee. Where more applications are received for a particular Region during the Open Enrollment Period than are permissible under these rules, the Department shall first review the applications to determine that all information required under subsections (1) - (9) above has been submitted. All complete applications will then be sent to the Application Review Committee to be scored based on the following criteria:

(a) Compliance with all state and federal laws and regulations;

(b) Compliance with all applicable standards of practice;

(c) Program structure for successful service delivery; and

(d) Impact on the delivery of opioid treatment services of the applicant in the applicable population.

(11) Notice of Intent to Issue License/Notice of Appeal Rights. Programs selected for licensure by the Application Review Committee shall receive a notice of the Department's intent to issue a license. Programs not selected shall receive notice of the right to an administrative hearing. Upon waiver of or exhaustion of administrative appeal rights, the Department shall issue license(s) to the selected program(s).

(12) Waiver Applications under O.C.G.A. § 26-5-48(f). The Department, in its discretion, may grant a waiver to an applicant to allow an application to be submitted for review in a Region that has four or more licensed narcotic treatment programs. The Application Review Committee shall consider such waiver applications based on criteria developed jointly by the Department and the Department of Behavioral Health and Developmental Disabilities with emphasis on the needs assessment and/or justification for the establishment of a new program (including identification of treatment gaps), as well as community stakeholder support.

Notes

Ga. Comp. R. & Regs. R. 111-8-53-.07

O.C.G.A. §§ 26-5-2et seq., 31-2-5, 31-2-7.

Original Rule entitled "Applications" adopted. F. Sep. 9, 2013; eff. Sept. 29, 2013. Amended: F. Feb. 15, 2018; eff. Mar. 7, 2018.