Authorized Representatives:  The AR provisions remain among the most operationally challenging aspects of the current regulations. Providers often lack access to qualified evaluators, have limited ability to help individuals obtain independent capacity evaluations, and have no authority to direct how outside professionals document those evaluations. Similarly, providers cannot compel courts to appoint guardians or authorize treatment, nor can they control the timing or outcome of those proceedings. We encourage DBHDS to allow licensed clinicians (LPCs & LCSWs) to complete capacity evaluations. This would be the most beneficial for the clients, otherwise, Authorized Representatives probably won't be assigned.

Reporting Timeframes: As part of DBHDS's effort to streamline administrative processes and improve regulatory consistency, we encourage DBHDS to review reporting requirements that are measured in calendar days, and that routinely fall on weekends, state holidays, or other periods when Department staff are unavailable to receive or act on submitted reports. Providers often devote significant staff resources to meeting reporting deadlines in the evenings, weekends, and holidays, even though reports submitted during these periods are not reviewed until the next business day. This creates an unnecessary administrative burden and does not improve individual safety, regulatory oversight, or the Department's ability to respond. We recommend measuring reporting timeframes in business days rather than calendar days or automatically extending deadlines to the next business day when they fall outside of normal State business operations. This approach would be consistent with DBHDS's goal of simplifying administrative processes, reducing unnecessary burdens, and improving regulatory clarity without diminishing protections for individuals receiving services.