§43A-3-315.

§43A-3-315.
   
   A. The Board of Mental Health and Substance Abuse Services shall adopt
   minimum standards for program certification for community residential
   mental health programs and facilities as provided in this section. The
   standards shall be adopted as rules and promulgated by the Board of
   Mental Health and Substance Abuse Services pursuant to the provisions
   of the Administrative Procedures Act.
   
   B. The program certification standards for community residential
   mental health facilities shall be developed jointly by the Department
   and the State Department of Health, in consultation with
   representatives of the residential care home operators and
   administrators and the Long-Term Care Facility Advisory Board. The
   standards shall be reviewed at least annually for any necessary
   modifications by the Department and the State Department of Health and
   any necessary modifications shall be presented to the Board for its
   approval.
   
   C. The program certification standards adopted by the Board shall
   provide for a system of classification of community residential mental
   health facilities based upon the level of care required by residents
   of the facility and establish minimum program certification standards
   for each classification. The program certification standards adopted
   by the Board for each classification shall be such that residential
   care facilities having a valid contract with the Department and
   licensed by the State Department of Health on July 1, 1988, shall be
   qualified and eligible for program certification within an appropriate
   classification.
   
   D. The Board shall establish by rule a schedule of rates for the
   compensation of or reimbursement for services provided to eligible
   individuals by community residential mental health programs and
   facilities.
   
   E. The Department shall not enter into a contract with a residential
   care home unless such home is certified as a community residential
   mental health facility and such home is in compliance with all program
   financial management requirements adopted by the Board and the
   Department through rules and standards and criteria. The Department
   shall not enter into a contract for a community mental health program
   unless said program is certified by the Department. The Department
   shall terminate the contract of any home or program that fails to meet
   contract provisions regarding financial statements.