FL Stat § 400.962 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 400 - Nursing Homes and Related Health Care Facilities|Part VIII - Intermediate Care Facilities for Developmentally Disabled Persons (Ss. 400.960-400.969)|400.962 - License required; license application.

400.962 License required; license application.—(1) The requirements of part II of chapter 408 apply to the provision of services that require licensure pursuant to this part and part II of chapter 408 and to entities licensed by or applying for such licensure from the Agency for Health Care Administration pursuant to this part. A license issued by the agency is required in order to operate an intermediate care facility for the developmentally disabled in this state.(2) Separate licenses are required for facilities maintained on separate premises even if operated under the same management. However, a separate license is not required for separate buildings on the same grounds.(3) In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. The amount of the fee shall be $234 per bed unless modified by rule. The application must indicate the location of the facility for which a license is sought and that such location conforms to the local zoning ordinances.(4) The applicant must demonstrate that sufficient numbers of staff, qualified by training or experience, will be employed to properly care for the type and number of residents who will reside in the facility.(5) The applicant must agree to provide or arrange for active treatment services by an interdisciplinary team to maximize individual independence or prevent regression or loss of functional status. Standards for active treatment shall be adopted by the Agency for Health Care Administration by rule pursuant to ss. 120.536(1) and 120.54. Active treatment services shall be provided in accordance with the individual support plan and shall be reimbursed as part of the per diem rate as paid under the Medicaid program.1(6) An applicant that has been granted a certificate-of-need exemption under s. 408.036(3)(n) must also demonstrate and maintain compliance with the following criteria:(a) The total number of beds per home within the facility may not exceed eight, with each resident having his or her own bedroom and bathroom. Each eight-bed home must be colocated on the same property with two other eight-bed homes and must serve individuals with severe maladaptive behaviors and co-occurring psychiatric diagnoses.(b) A minimum of 16 beds within the facility must be designated for individuals with severe maladaptive behaviors who have been assessed using the Agency for Persons with Disabilities’ Global Behavioral Service Need Matrix with a score of at least Level 4 and up to Level 6, or assessed using the criteria deemed appropriate by the Agency for Health Care Administration regarding the need for a specialized placement in an intermediate care facility for the developmentally disabled. For home and community-based Medicaid waiver clients under chapter 393, the Agency for Persons with Disabilities shall offer choice counseling to clients regarding appropriate residential placement based on the needs of the individual.(c) The applicant has not had a facility license denied, revoked, or suspended within the 36 months preceding the request for exemption.(d) The applicant must have at least 10 years of experience serving individuals with severe maladaptive behaviors in the state.(e) The applicant must implement a state-approved staff training curriculum and monitoring requirements specific to the individuals whose behaviors require higher intensity, frequency, and duration of services.(f) The applicant must make available medical and nursing services 24 hours per day, 7 days per week.(g) The applicant must demonstrate a history of using interventions that are least restrictive and that follow a behavioral hierarchy.(h) The applicant must maintain a policy prohibiting the use of mechanical restraints.History.—s. 9, ch. 99-144; s. 92, ch. 2000-349; s. 8, ch. 2000-350; s. 59, ch. 2001-45; s. 421, ch. 2003-261; s. 55, ch. 2004-267; s. 69, ch. 2006-197; s. 43, ch. 2006-227; s. 115, ch. 2007-230; ss. 1, 2, ch. 2020-60; ss. 6, 7, ch. 2020-71; s. 26, ch. 2021-51.1Note.—Section 408.036(3)(o)3., as created by s. 7, ch. 2020-71, and s. 2, ch. 2020-60, provides that “[t]his paragraph and subsection (6) of s. 400.962 are repealed July 1, 2022, unless reviewed and saved from repeal by the Legislature.”