Utah Admin. Code R523-18-8 - Corrective Action of Certification
(1)
Each MCOT shall maintain its certification by meeting the guidelines set forth
in this rule.
(a) If the division becomes
aware of an MCOT that has violated the conditions of its certification trough a
complaint or site visit survey, the division shall:
(i) immediately take action to review the
allegations,
(ii) take steps to
ensure that all consumers involved with the allegation are protected, and
(iii) notify the agency under
investigation of its findings within 30 days or less depending on the type of
finding.
(2)
The division shall take the following actions against the MCOT Certification of
an agency found to be in non-compliance with the guidelines established in this
rule:
(a) For major non-compliance issues,
defined as conditions that affect the imminent health, safety, or well-being of
individuals, the division shall require:
(i)
submission of a written corrective action plan completed by the agency
immediately that ensure compliance being achieved within 24 hours or
less.
(ii) if compliance is not
possible within a 24 hour time period, the MCOT Certification shall be
terminated until the major non-compliant issue is resolved.
(b) For a significant
non-compliance issue defined as a non-compliance in required training,
paperwork, and/or documentation that is so severe or pervasive as to jeopardize
the effectiveness of services, the division shall require:
(i) submission of a written corrective action
plan completed by the agency within 10 working days that identifies the steps
it will take to rectify the issue within 30 days of receipt of the draft copy
of the findings report made by the division.
(ii) if compliance is not verified by the
division after a 30 day time period, the MCOT Certification shall be suspend,
revoke, or not renewed until the significant non-compliant issue is
resolved.
(c) for a
minor non-compliance issue defined as a relatively small in scope infraction
that does not impact client well-being, the division shall require:
(i) submission of a written corrective action
plan completed within 15 working days that identifies the steps the agency will
take to rectify the issue within 60 days of receipt of the draft findings
report made by the division.
(ii)
if compliance is not verified by the division after a 60 day time period, the
MCOT Certification shall be suspend, revoke, or not renewed until the minor
non-compliant issue is resolved.
(d) For a deficiency defined as an MCOT not
being in full compliance with the conditions of certification, but the
deficiency discovered is not severe enough to be categorized as a
non-compliance issue, the division shall require:
(i) submission of a written corrective action
plan without a formal timeline, but is negotiated between the division and the
agency being investigated.
(ii) If
the deficiency continues to be unresolved past the date of completion, the
finding shall be classified as a minor non-compliance issue, and corrective
action shall follow the guidance outlined in
R523-18-8(2)(c).
(3) Any agency that has
had its MCOT Certification revoked suspended, not renewed or not granted may
request an informal hearing with the division director or designee, in writing,
within 10 business days of receiving notice of corrective action.
(a) The division director or designee shall
review the request and determine to uphold, amend or reverse the action within
10 business days, and the division shall inform the agency of the decision in
writing.
(4) All MCOT
Certification statuses shall be maintained by the division, and shall be made
available upon written request.
Notes
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