Department of Mental Health, Retardation and Hospitals
Division of Behavioral Healthcare
Licensing Rules and Regulations Deeming Protocol
- The Department will annually determine which regulations shall be considered for deemed status
- The determination will be made by the Deeming Committee
- The determination will be finalized and publicized by the end of the first quarter of the calendar year.
- A distinction shall be made between those JCAHO, CARF and COA eligible standards that may be considered for deeming.
- A letter stating which standards shall be deemed will be sent to the Executive Directors of all the licensed organizations
- The information will also be posted on the Department's website
- The Executive Director of an accredited organization will designate the request for deemed status on the application for licensure.
- If the organization requests deemed status, the complete accreditation report shall be submitted with the license application
- Should an accredited organization not opt to request deemed status, an explanation of that decision shall accompany the application for licensure.
- In order for deemed status to be granted for designated regulations, the organization, depending on its accrediting body, must be in "Conformance," "Full Standards Compliance," or "Full Compliance."
- When the accreditation report is received by the Licensing Office it will be forwarded to designated persons in the Division of Behavioral Healthcare.
- Such persons will review the report, and will make a written recommendation regarding deemed status to the Administrator of the Licensing Office
- If a decision is made by the Division of Behavioral Healthcare to not grant deemed status, the Licensing Office will notify the organization immediately
- Departmental decisions regarding deeming are made at the discretion of the Department and are not subject to appeal
- Decisions regarding deeming may be revoked for cause at any time
- Those regulations that have been deemed will not be subject to review during the subsequent biennial licensing survey
- The organization's deemed status will be in effect until the next accreditation review by the accrediting body
October 2004