Section 325.14213. Prohibited entities; waivers.

(1) A city, single county, or multicounty   coordinating  agency designated by the administrator shall not be licensed under these rules and shall not establish, maintain, conduct, or take part in, the operation of a substance use disorder program.

(2)   A request for a waiver to allow a coordinating agency  to  provide substance use disorder treatment rehabilitation or prevention services  shall be made to the office by a coordinating agency. Specific situations for which such a waiver will be considered include all of the following:

(a)    Emergencies. If an established, licensed, substance use disorder program unexpectedly and suddenly terminates operation in such a manner as to jeopardize the protection and well-being of clients receiving services from the program, a waiver may be issued on an interim basis until the well-being of the clients is insured through alternative services.

(b)    Lack of operating service providers. If a licensed service provider does not exist in a geographical area to provide services for which the coordinating agency has shown a documented need and no providers can be found, a waiver may be considered. A  request  for  waiver  under these circumstances shall contain information as to the steps being taken to develop a licensed service provider in the geographical area. If attempts to develop a provider have been made and a provider cannot be found, and if the coordinating agency intends to continue to provide services, a plan to transfer coordinating agency designation to another agency shall be part of the waiver request.

(c)         Development of demonstration projects. If  development  of   a demonstration project for innovative or specialized services requires that substance use disorder services be provided, a waiver may be requested for a period of time sufficient to complete an evaluation of the demonstration project and must document how waiver requirements have been met. The waiver may be renewed annually if the CA performs an evaluation of the project that demonstrates the project is effective while maintaining quality of service and the CA has conducted a good faith effort and has been unable to locate a willing and capable provider.

(3)    When a waiver is granted for subdivisions (b) and (c) of this subrule, the coordinating agency shall be required to be licensed for the waiver period and shall comply with all conditions for receipt of a license. The coordinating agency may be required by the administrator to comply with all statistical, client, management, or financial reporting requirements required or programs providing similar services.

History: 1981 AACS; 2006 AACS.