(1) Each public or private program providing services for chemical dependency treatment and receiving alcohol earmarked revenue funds under 53-24-108 , MCA, shall be subject to approval by the department. The department will issue approval for the following service components: detoxification (emergency care) , inpatient hospital, inpatient free standing, intermediate (transitional living) , and outpatient. A program may be approved for more than one service if the program complies with the specific requirements for approval of each service provided. Programs providing detoxification (non-medical) must also provide at least one of the other components listed above. The certificate of approval shall be obtained annually. Issuance of the certificate of approval shall be conditional to establishing and operating programs in compliance with this rule.

(2) Chemical dependency treatment programs seeking departmental approval of one or more of the services shall submit written application to the department on a form provided by the department.

(a) Such application shall include a detailed description of the facility, personnel and services to be provided.

(3) The application shall be completed as per instructions.

(a) A letter from the applicant, including supporting information and statistics, showing that there is a need in the community for the type of services requested in the application and does not duplicate existing services.

(b) If applicable, evidence that the program has met the certificate of need rules and regulations as required by the Montana Certificate of Need Law.

(c) Evidence that the need for the requested services are included in the county plan as required by 53-24-211 , MCA.

(4) Within 30 days of receiving the application, the department will notify the applicant in writing of acceptance or denial of the application.

(5) If the department denies the application for approval, the applicant has 30 days to request a formal hearing as provided for in the Montana Administrative Procedure Act. If a response is not received at the end of 30 days, the department may refuse to grant approval and shall notify the applicant agency.

(6) If the application is approved the department will notify the agency in writing and copies of all written documents required by these rules and regulations shall be requested.

(7) If written documents submitted to the department do not meet the requirements of these rules and regulations, the department shall notify the applicant in writing. The applicant shall have 30 days from date of notification to respond in writing to the content of the notice. If a response is not received within 30 days, the department may refuse to grant approval and shall notify the applicant in writing of the action taken. If written documents submitted to the department do meet the requirements of these rules and regulations, the department shall have the program inspected to ensure compliance with the requirements of these rules and regulations. After inspection, the department shall either approve the program to provide one or more of the services listed in this section, or refuse to grant approval. The department shall send written notification of approval of the program as an approved chemical dependency treatment program or shall send written notification of the deficiencies which resulted in the refusal to grant approval.

(8) The department may grant limited approval to chemical dependency treatment programs when department staff are unable to determine, without a period of operation, whether the program will comply with these rules and regulations. Limited approval shall expire automatically after 6 months and may not be renewed. Such expiration shall not be considered a suspension or revocation pursuant to ARM 37.27.108.

(9) The department shall issue an annual certificate of approval to those approved chemical dependency treatment programs which remain in substantial compliance with these rules and regulations.

(10) The department may revoke or suspend any service component listed in ARM 37.27.106(1) if a program ceases to provide those services for which it has been approved.