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.