13. Attachment E- DMH Mission and Applicable Statutes Policies and Procedures..docx

ATTACHMENT E

Department of Mental Health’s Mission and Applicable Statutes, Policies & Procedures

I. DMH Mission Statement

The Contractor will be responsible for ensuring that the mission and values of DMH and are integrated and adhered to in all contract activities and by all staff members. DMH’s vision and mission statements are as follows:

Vision Mental health is an essential part of health care. The Massachusetts Department of Mental Health, as the State Mental Health Authority, promotes mental health through early intervention, treatment, education, policy, and regulation so that all residents of the Commonwealth may live full and productive lives.

Mission Statement The Department of Mental Health, as the State Mental Health Authority, assures and provides access to services and supports to meet the mental health needs of individuals of all ages, enabling them to live, work, and participate in their communities. The Department establishes standards to ensure effective and culturally competent care to promote Recovery. The DMH sets policy, promotes self-determination, protects human rights and supports mental health training and research. This critical mission is accomplished by working in partnership with other state agencies, individuals, families, providers, and communities.

DMH has an overall goal of promoting Recovery and Resiliency through Partnership. This goal is fostered by the principles of: meaningful client and family involvement; self- and family-direction; dignity and respect; culturally and linguistically competent care; elimination of disparities; use of evidence-based practices; and operational efficiencies.

II. STATUTES/REGULATIONS/EXECUTIVE ORDERS/POLICIES

A Grantee of a grant awarded as a result of the Request For Application for the Massachusetts Jail/Arrest Diversion Grant Program, to which this is attached (or included within the RFA’s COMMBUYS file) must abide by all laws, regulations, policies and guidelines that are applicable to State contracts, Department of Mental Health (DMH) contracts and the services being provided under the contract. Set forth in Section II of this document is a list of the laws, etc., that are generally applicable to the service contracts administered by DMH. This list is not all-inclusive. See also the Contractor Certifications and Legal References section in the Commonwealth of Massachusetts Standard Contract Form Instructions for an additional list of other applicable laws.

A. Statutes (as may be amended from time to time)

1. Massachusetts General Laws, Chapters 19 and 123: statutes that include, but are not limited to, special requirements regarding DMH's primary mission; licensing; records; case management; periodic reviews; client rights; a comprehensive service system; revenue retention; service contracts; and DMH facilities

2. Massachusetts General Laws, Chapter 19C: Disabled Persons Protection Commission

3. Massachusetts General Laws, Chapter 29, Sections 29A and 29B: State Finance

4. Massachusetts General Laws, Chapter 71B, Section 12: Education of Children in Certain Facilities Under the Control of The Department of Mental Health, Mental Retardation, Public Health, Youth Services, and other Human Service Agencies So Designated by the Board of Education

5. Massachusetts General Laws, Chapter 111, Section 70E: Patients’ and Residents’ Rights

6. Massachusetts General Laws, Chapter 268A: Conduct of Public Officials and Employees

7. Massachusetts General Laws, Chapter 186, Section 17A: Massachusetts Community Residence Tenancy Act

8. Massachusetts General Laws, Chapter 201D: Health Care Proxies

9. Patient Self Determination Act as required by the Omnibus Budget Reconciliation Act of 1990 (OBRA). This Act requires certain medical providers to develop and implement policy and procedures for allowing patients to participate in and direct certain health care decisions. P.L. 101 - 508, Sections 4206 (amending 42 U.S.C. 1395) and 4751(amending 42 U.S.C. 1396)

10. The Health Insurance Portability and Accountability Act (HIPAA). This act in part, protects the privacy of an individual’s Protected Health Information. P.L. 104-191, 45 CFR 160, and 45 CFR 164

11. State Appropriation Acts

B. Regulations and Executive Orders (as may be amended from time to time)

1. Department of Mental Health, 104 CMR 24.00, et seq. (note: currently regulations 1 to 24 are reserved and the regulations start at 25.00).

2. Division of Health Care Finance and Policy, 114.1 CMR 2.00 et. seq. These include:

· 114.2 CMR 2.00 - Rates of Payment to Long Term Care Facilities

· 114.3 CMR 6.00 - Rates of Payment for Mental Health Services Provided in Community Health Centers and Mental Health Centers

· 114.3 CMR 7.00 - Psychiatric Day Treatment Center Services

· 114.3 CMR 29.00 - Psychological Services.

3. Department of Early Education and Care, 102 CMR 1.00, et seq.

4. Department of Education, 603 CMR 28.00. This includes Chapter 71B: Education of Children in Certain Facilities Under the Control of the Department of Mental Health, Mental Retardation, Public Health, Youth Services, and other Human Service Agencies So Designated by the Board of Education.

5. State Building Code, 780 CMR 101.0, et seq.

6. State Sanitary Code, 105 CMR 400.000, et seq.

7. Division of Medical Assistance, 130 CMR 450.000 et seq.

8. Registry of Motor Vehicles, 540 CMR 2.05. All vehicles used by the contractor for the transportation of clients under the contract must be properly registered and insured pursuant to Massachusetts General Laws Chapter 90, Section 1A and 2. If the contractor is claiming that a vehicle is exempt from the “livery” registration requirements under 205(4)(i), the contractor must comply with Registry of Motor Vehicles policy regarding maintaining in the vehicle a copy of the contract face sheet (showing the contract’s duration period).

9. Executive Office of Administration and Finance, 801 CMR 3.00, et seq.

10. Department of Public Health, 105 CMR 100.00, et seq.

11. Office of the Comptroller, 815 CMR 3.00, Ready Payment System.

12. Medical Assistance Programs (Title XIX), 42 CFR 430, et seq.

13. Department of Health and Human Services "Uniform Administrative Requirements for Awards and Sub-awards to Institutions of Higher Education”, 45 CFR Part 74.

14. Department of Health and Human Services "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 45 CFR Part 92.

C. Policies and Guidelines (as may be amended from time to time)

1. All numbered policies issued by the Commissioner of DMH expressly made applicable to DMH contracted services.

2. All DMH directives, procedures and standards expressly made applicable to DMH contracted services.

3. Office of the Comptroller's Memos and Policies regarding the purchase and reimbursement of social and rehabilitation services under the MM subsidiary.

4. All Operational Services Division Guidelines and Policies as they relate to vendors providing purchased services.

Revised 06/2016