* § 36.04 Certified community behavioral health clinics.

(a) The commissioners are authorized to jointly certify community
behavioral health clinics, subject to the availability of state and
federal funding.

(b) Certified community behavioral health clinics shall provide
coordinated, comprehensive behavioral health care, including mental
health and addiction services, primary care screening, and case
management services, in accordance with certified community behavioral
health clinic standards established by the United States department of
health and human services substance abuse and mental health services
administration and the commissioners of the office of mental health and
the office of addiction services and supports.

(c) The commissioners shall require each proposed certified community
behavioral health clinic to submit a plan, which shall be approved by
the commissioners prior to the issuance of an operating certificate
pursuant to this article. Such plan shall include:

(1) a description of the clinic's character and competency to provide
certified community behavioral health clinic services across the
lifespan, including how the clinic will ensure access to crisis services
at all times and accept all patients regardless of ability to pay;

(2) a description of the clinic's catchment area;

(3) a statement indicating that the clinic has been included in an
approved local services plan developed pursuant to article forty-one of
this title for each local government located within the clinic's
catchment area;

(4) where executed, agreements establishing formal relationships with
designated collaborating organizations to provide certain certified
community behavioral health clinic services, consistent with guidance
issued by the United States department of health and human services
substance abuse and mental health services administration and the office
of mental health and the office of addiction services and supports;

(5) a staffing plan driven by local needs assessment, licensing, and
training to support service delivery;

(6) a description of the clinic's data-driven approach to quality
improvement;

(7) a description of how consumers are represented in governance of
the clinic;

(8) all financial information in the form and format required by the
office of mental health and the office of addiction services and
supports; and

(9) any other information or agreements required by the commissioners.

(d) Where a certified community behavioral health clinic has been
established and is participating on the effective date of this section
in the federal certified community behavioral health clinic
demonstration awarded to the state by the United States department of
health and human services substance abuse and mental health services
administration, the previously established clinic may be certified where
the clinic demonstrates compliance with the certification standards
established pursuant to this article.

(e) The commissioners shall promulgate any rule or regulation
necessary to effectuate this section.

* NB Effective November 3, 2023