(1) The department hereby adopts standards to assure the quality of provider programs of community-based services for persons with developmental disabilities funded by the department. Programs of community-based developmental disabilities services funded by the department must be accredited in accordance with this rule.

(2) The department hereby adopts and incorporates by reference as the standards for the provision of programs of community-based developmental disabilities services by providers, the respective sets of accreditation standards published and applied by the council on quality and leadership in support for people with developmental disabilities (the council) , published in 1997, and by CARF...the rehabilitation accreditation commission (CARF) , published in January 2000. These sets of accreditation standards set forth standards of performance and quality for provider programs of community-based services for persons with developmental disabilities. A copy of both the the council and CARF service standards may be obtained on temporary loan from the Department of Public Health and Human Services, Developmental Disabilities Program, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210. The council standards may be purchased from The Council, 100 West Road, Towson, MD 21204. A copy of the CARF standards may be obtained from CARF, 4891 East Grant Road, Tucson, AZ 85712.

(3) Each provider program of community-based developmental disabilities services funded by the department must shall be accredited by either the council or CARF.

(4) The department may permit an entity to deliver developmental disabilities services without being accredited in accordance with the specific sets of standards adopted in (3) , if the department determines that the entity is otherwise accountable to a set of standards of a recognized accrediting organization, that the standards are applicable to the delivery of the particular developmental disabilities services to be provided by the entity and that the standards are appropriate for the purposes of this rule.

(5) The programs of services offered by a new provider must receive accreditation within the initial 2 years of existence.

(6) A new service program offered by an existing provider must receive accreditation during the next regular accreditation cycle for the provider.

(7) If a provider loses or fails to maintain accreditation for the provider's programs of services the developmental disabilities program may only continue to contract with the provider for the programs of services for no more than 2 years.

(8) New programs of services provided by a new provider or by an existing provider and the programs of services provided by an existing provider that has lost or failed to maintain accreditation must generally be determined by the developmental disabilities program to be in conformance with one of the sets of standards adopted in this rule.

(a) The provider must submit to the developmental disabilities program adequate information concerning the programs of services to establish that they are generally in conformance with one of the sets of accreditation standards.

(9) A provider must provide to the developmental disabilities program, either directly or by arrangement with the accreditation organization, all survey and accreditation reports.

(10) The following programs of services do not need to be accredited as provided for in this rule:

(a) the provision of transportation by a provider licensed by the public service commission;

(b) fiscal intermediary services;

(c) the provision of services to no more than two persons;

(d) the provision of licensed, professional services by one of the following:

(i) audiologist;

(ii) speech/language pathologist;

(iii) physical therapist;

(iv) occupational therapist;

(v) psychiatrist;

(vi) psychologist;

(vii) family therapist;

(viii) licensed clinical professional counselor;

(ix) registered nurse;

(x) licensed practical nurse;

(xi) registered dietitian;

(xii) licensed nutritionist;

(xiii) physician;

(xiv) pediatrician;

(xv) social worker;

(xvi) orientation/mobility training specialist;

(xvii) special education teacher;

(xviii) school psychologist;

(xix) adaptive physical education teacher; or

(xx) special education supervisor.

(e) construction, maintenance, repair, sales services and equipment and supplies inclusive of any required tangible services that are new or used, and can be purchased from a contractor or vendor that meets the most appropriate performance standards;

(f) services which are not covered by either the council or CARF accreditation standards; or

(g) temporary or short term services that are of no more than 4 months duration per year.