conditions - Termination - Annual inspection of facilities. A. Every contract pursuant to the State Medicaid Plan entered into between the Department of Human Services and facilities that provide inpatient or residential mental health services to persons eighteen (18) years of age or younger who are or may be eligible for assistance through Title XIX of the federal Social Security Act shall incorporate terms and conditions for the care, treatment and services to be provided. B. Said terms and conditions shall be substantially the same as those included in placement agreements for acute or freestanding, as appropriate for the facility, psychiatric care for children and youth who are in the legal custody of the Department of Human Services and shall include, but not be limited to: 1. Primary care, treatment and counseling services; 2. Educational services; 3. Face-to-face visitation by the attending physician, treatment plans, discharge planning, reports on the progress of the child and other reports as necessary and appropriate; 4. Use of medications; 5. Communicable diseases; 6. Visitation and correspondence; 7. Use of restraints, seclusion, physical force and disciplinary measures; and 8. Inspections and reviews of the care, treatment and services provided. C. The Department shall immediately initiate procedures for the termination of said contract when: 1. A contracting facility continually violates the terms and conditions required by this section; or 2. The conditions within the facility pose serious harm or a threat of serious harm to patients or residents who are eighteen (18) years of age or under and have been admitted for the purpose of mental health or chemical dependency treatment. D. The Department shall coordinate with the State Department of Health and any other applicable licensing or certifying agency to ensure that, whenever possible and practicable, annual inspections of hospitals, related institutions and child care facilities required by state or federal law shall be conducted jointly.
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