Certification

Section 600 Section 600.210  Certification a)         A provisionally certified local health department may apply for certification. 1)         The application shall be submitted to the Department on forms or in a format provided or prescribed by the Department and shall include a community health needs assessment and a community health plan in accordance with Subpart D.  The application shall be signed by an authorized representative. 2)         Upon receipt of a complete application, the Department shall have 60 days to review the application to determine if the applicant meets the personnel requirements set forth in Subpart C and the practice standards set forth in Subpart D. A)        If the Department determines that the applicant is in substantial compliance with Subparts C and D, certification shall be granted by the Department. B)        If the Department determines that the applicant is not in substantial compliance with Subparts C and D, certification shall be denied and the local health department shall be notified in writing of the denial of certification. The notification shall specify the reasons for denial of certification and shall describe the right of the applicant to request a hearing to appeal the denial of certification, pursuant to Section 600.510. b)         Certification granted to local health departments that apply pursuant to this Section shall expire five years following the date of certification. c)         A certified local health department may apply for renewal of certification. 1)         The application shall be made at least 60 days prior to the expiration of the certification period.  An application shall be submitted to the Department on forms or in a format provided or prescribed by the Department and shall include a community health needs assessment and a community health plan in accordance with Subpart D.  The application shall be signed by an authorized representative. 2)         Upon receipt of a complete application, the Department shall have 60 days to review the application to determine if the applicant is in substantial compliance with the personnel requirements set forth in Subpart C and the practice standards set forth in Subpart D. A)        If the Department determines that the applicant is in substantial compliance with Subparts C and D, certification shall be renewed by the Department for a five-year period. B)        If the Department determines that the applicant is not in substantial compliance with Subparts C and D, renewal of certification shall be denied and the local health department shall be notified in writing of the denial of certification.  The notification shall specify the reasons for denial of certification and shall describe the right of the applicant to request a hearing to appeal the denial of certification renewal, pursuant to Section 600.510. d)         A certified local health department that does not meet all applicable requirements for certification due to conditions or circumstances beyond the reasonable control of the local health department may make a written request to the Department for a waiver to postpone meeting the requirements set forth in Subparts C and D.  The certified local health department may make the waiver request at any time during the period for which the local health department has been granted certification. 1)         Conditions or circumstances beyond the reasonable control of the local health department shall include, but not be limited to: A)        Participating in assessment activities with hospitals undertaking community health needs assessments as required by the Internal Revenue Service for 501(c)(3) hospitals; B)        Participating in assessment and planning activities required for a local health department seeking voluntary accreditation through PHAB; C)        Unanticipated or unavoidable lack of qualified personnel necessary to fulfill applicable requirements; or D)        Disease outbreaks, natural disasters and other unusual circumstances that may threaten the health and safety of residents and that require re-assignment of personnel to protect the health and safety of residents within the local health department's jurisdiction. E)        Full funding is not received by the local health department on a timely basis from State, federal, or any other grant funding sources for any program or programs that are being provided as a requirement for certification. 2)         The Department shall grant a waiver if it determines that the local health department meets the conditions or circumstances specified in subsections (d)(1)(A) and (B).  The Department shall notify the local health department of its decision within 10 working days after the receipt of the request. A)        A waiver shall be granted for a six-month period or until the conditions or circumstances referred to in subsections (d)(1)(A) and (B) are remedied, whichever is shorter. B)        The Department may extend a waiver for three additional six-month periods.  All requests for extension of waiver shall be received by the Department at least 15 working days prior to the expiration of the waiver period. i)          The first or second extension of the waiver shall be made if the Department determines, on the basis of a written explanation from the local health department, that reasonable progress has been made and the local health department can be expected to be in substantial compliance with applicable requirements of certification on or before the conclusion of the extended waiver period. ii)         The third extension of waiver shall be made if the Department determines, on the basis of a written explanation from the local health department, that reasonable progress has been made and the local health department can be expected to be in substantial compliance with applicable requirements of certification on or before the conclusion of the third extended waiver period.  The explanation shall include documentation of the applicable certification requirements that are not being met, with the expected dates for completion and the reasons why the local health department was unable to achieve substantial compliance within the extension period. 3)         The Department shall review the local health department for substantial compliance with certification requirements upon the expiration of the waiver period or upon request of the local health department.  The Department's review shall include only those certification requirements that are the basis for the waiver. A)        If the Department, based upon its review, determines that the local health department meets the requirements set forth in Subparts C and D, the local health department shall be considered in substantial compliance with the requirements of certification, and no further action shall be taken by the Department. B)        If the Department, based upon its review, determines that the local health department does not meet the requirements set forth in Subparts C and D and the waiver has expired, the Department shall notify the local health department of its option to request an extension of waiver under subsection (d)(2)(B). C)        If the Department, based upon its review, determines that the local health department does not meet the requirements set forth in Subparts C and D and the local health department's request was submitted prior to the expiration of the waiver period, the waiver shall continue until the end of the six-month period. e)         The Department may conduct an on-site review of the local health department and those documents necessary to determine substantial compliance with this Section.