24 Miss. Code. R. 2-2.15 - Plan of Compliance

A. Following the release of a DMH Compliance Report, providers who want to maintain their DMH certification must submit to DMH a Plan of Compliance on the DMH required form to address the noted issues of noncompliance, as outlined in the report. The Plan of Compliance must be submitted so that it is received by DMH within 30 business days of the date of DMH's issuance of the report.

B. The Plan of Compliance must address the corrective action(s) by the agency provider, date of corrective action(s), timelines for completion of corrective action(s), and measures put in place to maintain compliance and prevent future occurrence.

C. If the Plan of Compliance is accepted by DMH, then the agency provider will be notified in writing within 30 business days of the date of DMH's receipt of the Plan of Compliance.

D. If the Plan of Compliance is not received, is incomplete, or is not accepted by DMH, then the agency provider will be notified in writing within 30 business days of the date of DMH's receipt of the Plan of Compliance. In this instance, the DMH provider's certification will be placed on probationary status, and the provider will be notified accordingly.

E. DMH providers falling below a threshold passing score, as may be outlined in the DMH Compliance Report, may have their DMH certification immediately placed on probationary status, and the provider will be notified accordingly. Providers will be notified of scoring metrics prior to implementation.

F. Probationary status may be maintained for a period of up to six (6) months from the date of DMH's notification to the provider of this status.

G. Once an agency's certification is placed on probationary status, then the provider may submit to DMH a Plan of Compliance on the DMH required form to address the noted issues of noncompliance, as outlined in the DMH Compliance Report. The Plan of Compliance must be submitted so that it is received by DMH within 30 business days of the date of DMH's issuance of the notice of probationary status. For some providers (i.e., those whose performance threshold was not passing, as outlined in the Compliance Report), this will be the first submission of a Plan of Compliance; for other providers (i.e., those for which the first submitted Plan of Compliance was not received or insufficient), it will be considered a second Plan of Compliance submission, as outlined above.

H. By the end of the six (6)-month probationary period, if the Plan of Compliance is not submitted, submitted incomplete, or is not acceptable and corrections are not validated, then the provider's DMH certification may be suspended. If the Plan of Compliance is submitted complete and is acceptable, according to DMH, and corrections are validated, then the probationary status will be removed from the provider's certification (per an effective date as determined by DMH), and the provider will be notified accordingly.

I. Once a provider enters probationary status, regardless of the reason, DMH may also enact any such further enforcement measures, as may be outlined in applicable state law.

J. DMH will not make additional requests for a Plan of Compliance to be submitted.

K. Timelines for the submission of a Plan of Compliance may be revised due to the nature of the findings or for good cause as determined by DMH. If applicable, DMH will notify the certified agency provider of a revision in timelines.

Notes

24 Miss. Code. R. 2-2.15

Miss. Code Ann. § 41-4-7

Adopted 11/1/2024