24 Miss. Code. R. 2-1.2 - [Effective until 11/1/2024] Legal Authority

A. The state of Mississippi vested standard-setting authority in the Department of Mental Health (DMH) through Section 41-4-7 of the Mississippi Code, 1972, as Amended , which authorizes the Department to:

1. Supervise, coordinate, and establish standards for all operations and activities of the state, related to mental health and providing mental health services;

2. Certify, coordinate and establish operational standards and establish required services for regional mental health and intellectual disability commissions and other community service providers and services in mental health, intellectual disability, alcoholism, drug misuse, developmental disabilities, compulsive gambling, addictive disorders and related services throughout the state; and,

3. Establish and promulgate reasonable operational standards for the construction and operation of state and all DMH-certified facilities, including reasonable standards for the admission, diagnosis, care, treatment, transfer of patients and their records, and also including reasonable standards for providing day care, outpatient care, emergency care, inpatient care and follow-up care, when such care is provided for people with mental or emotional illness, intellectual disability, alcoholism, drug misuse and/or developmental disabilities.

B. Mental Health Services described in these regulations are approved therapeutic and case management services provided by (a) an approved regional mental health/intellectual disability center established under Sections 41-19-31 through 41-19-39, or by another community service provider meeting the requirements of DMH to be an approved mental health/intellectual/developmental disabilities center if determined necessary by DMH, using state funds which are provided from the appropriation to DMH and/or funds transferred to the department by a political subdivision or instrumentality of the state and used to match federal funds under a cooperative agreement between the Division of Medicaid and the department, or (b) a facility certified by DMH to provide therapeutic and case management services, to be reimbursed on a fee for service basis. Any such services provided by a facility described in Rule C. below must have the prior authorization of the Division of Medicaid to be eligible for reimbursement under this section.

C. As described in Senate Bill 2829 of Regular Session 2014, regional commissions can create and operate a primary care health clinic to treat (a) its patients; (b) its patients' family members related within the third degree; and, (c) its patients' household members or caregivers. Regional commissions operating a primary care health clinic must satisfy applicable state and federal laws and regulations regarding the administration and operation of a primary health care clinic. DMH does not have the statutory authority to license, certify or monitor primary care health clinics.

Notes

24 Miss. Code. R. 2-1.2

Section 43-13-117(16) of the Mississippi Code, 1972, as Amended Section 41-19-33 of the Mississippi Code, 1972, as Amended

Amended 7/1/2016 Amended 9/1/2020