reglab/statecodes huggingface dataset:
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-8 - REACTIVE STRATEGIES › Section 65G-8.012 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Use of a reactive strategy not authorized
				by or in violation of this rule chapter or any other provision of law is a
				violation of Section  393.13, F.S., "The Bill of
				Rights of Persons with Disabilities, " or Section
				 916.107, F.S., and is subject to
				the enforcement proceedings, penalties, and private rights of action provided
				therein.
(2) A residential facility
				licensed under Section
				 393.067, F.S., that violates any
				reactive strategy provision or requirement of this rule chapter through the
				action of either facility management or staff, is subject to administrative
				disciplinary action authorized by Section
				 393.0673,
				F.S.
Rulemaking Authority 393.501, 393.13(4)(h)2.,
					 916.1093(2) FS.
					 Law Implemented 393.13(4)(h),
					 916.1093(2)
					 FS.
New 8-7-08.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-9 - FORENSIC CLIENT SERVICES › Section 65G-9.002 - Right to Vote in Public Elections

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any forensic client not adjudicated incompetent under the provisions of Chapter
				744, F.S., or otherwise disqualified by law, and meeting the legal age and
				residency requirements of the state shall, if he or she requests, be assisted
				in registering to vote and in voting in public elections.
(2) A client who is properly registered to
				vote in a county other than the county of placement, shall be assisted in
				making application for a vote-by-mail ballot in that county if he or she so
				requests. A client who is not registered to vote shall be assisted in
				registering in the county of his permanent residence, if he or she so
				requests.
(3) If a client requests
				assistance in voting, registering, or in getting information about voting
				requirements, staff at the facility shall assist the client in obtaining the
				information.
Rulemaking Authority
					 916.1093(2),
					 916.107(7) FS.
					 Law Implemented 916.107(7)
					 FS.
New 9-12-17.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-10 - PROVIDER TRAINING › Section 65G-10.004 - Support Coordinator Basic Pre-Service Level 1 Training and In-Person Level 2 Training

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who
				wishes to provide support coordination services must have the requisite
				knowledge and experience as set forth in the Florida Medicaid Developmental
				Disabilities Individual Budgeting Waiver Services Coverage and Limitations
				Handbook ("Handbook"), adopted in Rule
				 59G-13.070, F.A.C., prior to
				taking the Basic Training.
(2) The
				requirements for Basic Training are identified in the iBudget Handbook and must
				be completed prior to taking the WSC In-Person Level 2 competency-based
				assessment.
(3) Any Basic Training
				that must to be taken on a periodic basis does not count toward in-service
				training requirements.
(4) Persons
				interested in providing support coordination services who enrolled after the
				effective date of this rule, July 1, 2021, must complete both the Pre-Service
				Level 1 ("Level" 1) training and the In-Person Level 2 ("Level 2") training
				which include the Level 1 and Level 2 competency-based assessments, as provided
				by the Agency.
(5) The WSC
				Pre-Service Level 1 training consists of self-paced, online training modules in
				the LMS that describe foundational concepts and requirements related to Waiver
				support coordination services. The Pre-Service Level 1 training curriculum can
				be found on the Agency's website at www.apdcares.org.
(a) At the end of the Level 1 training, the
				trainee must complete the Level 1 competency-based assessment with a score of
				85% or higher to receive credit.
(b) Trainees must pass the assessment within
				30 days of completing the Level 1 training. Trainees who do not pass the Level
				1 assessment within 30 days of the Level 1 training must retake the Level 1
				training before they may retake the Level 1 competency-based
				assessment.
(c) In no instance
				shall a trainee be allowed to take the assessment more than 3 times within a
				12-month period.
(d) Trainees must
				successfully pass the Level 1 competency-based assessment before taking the
				In-Person Level 2 training and signing a Medicaid Waiver Service Agreement with
				the Agency.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-10 - PROVIDER TRAINING › Section 65G-10.005 - Support Coordinator In-Service Training

Current through Reg. 50, No. 138; July 16, 2024
(1) All support coordinators must attend a
				minimum of 18 hours of job-related in-service training annually.
(2) Any and all training that is received by
				a support coordinator, in order to meet the annual 18-hour in-service
				requirement, must relate to services provided to individuals served by the
				support coordinator as referenced in Chapter 393, F.S.; Division 65G, F.A.C.;
				the iBudget Handbook, and, if applicable, the CDC+ Handbook. Such topics may
				include, but are not limited to:
(a)
				Employment related services and benefits;
(b) School transition planning
				process;
(c) Financial planning,
				security, and government benefits;
(d) Case management;
(e) Person-centered planning;
(f) Service options for Agency
				clients;
(g) Affordable
				housing;
(h) Characteristics of
				Agency clients;
(i) Community and
				natural supports;
(j) The abuse,
				neglect, and exploitation of Agency clients;
(k) Behavioral and emotional
				health;
(l) Crisis
				management;
(m) Physical health and
				wellbeing;
(n) Emergency
				preparedness, response, and recovery;
(o) Characteristics and needs related to
				aging;
(p) Technology components of
				Agency data management systems; and
(q) Adaptive resources.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-11 - DD PREENROLLMENT CATEGORIES › Section 65G-11.002 - Preenrollment Category Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				accordance with Chapter 393, F.S., beginning July 1, 2010, the Agency will
				assign a category of priority for a preenrollement category by collecting
				information about the individual's needs and the status of the individual's
				caregiver if applicable. If an individual meets the criteria for more than one
				category, the highest-ranking category will be assigned. If funding is
				available, the Agency shall offer waiver enrollment to individuals on a
				preenrollement category in the order of the categories, category 1 being the
				top category. Within categories 3 through 7, the date the individual was
				determined eligible for a preenrollement category shall determine the order for
				receiving waiver services.
(2) If a
				backup caregiver is available, the name, relationship and age of the backup
				caregiver must be provided.
(3)
				Category 1 includes individuals determined to meet the crisis criteria
				specified in Rule  65G-1.047, F.A.C. The process
				for crisis determination will follow the requirements outlined in Rule
				 65G-1.046, F.A.C.
(a) Individuals whose situation has reached a
				crisis may request a crisis application be completed by the area office. In
				addition to the requirements of Chapter 65G-1, F.A.C., the following shall
				apply:
(b) A temporary placement in
				jail is not considered a form of housing and therefore will not exclude the
				individual from the definition of homeless. Additionally an individual that is
				within 90 days of discharge from an institutional setting and does not have an
				acceptable home or residential situation in place shall be considered in
				Category 1.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-11 - DD PREENROLLMENT CATEGORIES › Section 65G-11.003 - Preenrollment Category Placement Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency shall assign a preenrollement
				category to each individual on a preenrollement category upon adoption of this
				rule by using information from the current needs assessment and the
				Questionnaire for Situational Information (QSI), version 4.0, and the Wait list
				Prioritization Checklist. Additionally, the Agency will also request
				information about:
1) identification of the
				current caregiver,
2) demographic
				information of the caregiver,
3)
				medical circumstances or other circumstances of the caregiver that prevent the
				caregiver from providing care, and
4) the availability of other
				caregiver.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-11 - DD PREENROLLMENT CATEGORIES › Section 65G-11.004 - Crisis Determination Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Subject to funding availability, the Agency will accept oral or written
				requests for crisis enrollment in a HCBS waiver by the applicant or the
				applicant's family, guardian, guardian advocate, or support
				coordinator.
(2) The applicant or
				applicant's representative shall request crisis enrollment through the Area
				Office in the service area where the applicant resides. The Agency may not
				enroll an applicant on the waiver unless the Agency has determined that the
				applicant has a developmental disability, as defined in Section
				 393.063(9),
				F.S., and also meets the following waiver eligibility requirements listed in
				the Handbook, Chapter 2 "Requirements to Receive Services":
(a) The recipient's intelligence quotient
				(IQ) is 59 or less, or
(b) The
				recipient's IQ is 60-69 inclusive and the recipient has a secondary
				handicapping condition that includes:
1.
				Cerebral palsy, spina bifida, Prader-Willi syndrome, epilepsy, autism,
				or
2. Ambulation, sensory, chronic
				health, and behavioral problems;
(c) The recipient's IQ is 60-69 inclusive and
				the recipient has severe functional limitations in at least three of the
				following major life activities:
1.
				Self-care,
2. Learning,
3. Mobility,
4. Self-direction,
5. Understanding and use of
				language,
6. Capacity for
				independent living, or
(d) The recipient is eligible under a primary
				disability of autism, cerebral palsy, spina bifida, or Prader-Willi syndrome
				and the condition results in substantial functional limitations in three or
				more major life activities listed in paragraph (c), above.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-12 - AGENCY DATA MANAGEMENT SYSTEMS › Section 65G-12.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Agency" means the Agency for Persons
				with Disabilities.
(2) "Client"
				means a person determined eligible by the Agency for Persons with Disabilities
				("Agency") for services under Chapter 393, Florida Statutes.
(3) "Consumer-Directed Care Plus Program" or
				"CDC+ Program" means a consumer-directed program that provides an alternative
				to the Medicaid State Plan and the Home and Community-Based Services Medicaid
				Waiver (also known as the iBudget Waiver). The CDC+ Program operates under the
				authority of section 1915(j) of the Medicaid State Plan Amendment of the Social
				Security Act and is governed by Title 42 of the Code of Federal Regulations,
				Part 441, and Sections
				 409.221,
				 393.0661(3)(e),
				and  393.0662(2),
				F.S.
(4) "Electronic Visit
				Verification" or "EVV" means a system under which visits conducted as part of
				personal care services or home health care services are electronically
				verified.
(5) "Home and
				Community-Based Services Waiver" or "HCBS Waiver" means services authorized by
				42 U.S.C.
				1396n(c) of the federal
				Social Security Act and Section
				 409.906, F.S., that provides a
				package of Medicaid-funded home and community-based supports and services to
				eligible persons with developmental disabilities who live at home or in a
				home-like setting.
(6) "Home Health
				Services" are medically necessary services that are provided in the home of the
				eligible client and include such activities as private duty nursing, skilled
				nursing, physical therapy, occupational therapy, speech-language pathology
				services, and medical supplies that require an in-home visit for set-up. This
				does not include any service or supply provided in a licensed
				facility.
(7) "Personal Care
				Services" means individual assistance with or supervision of essential
				activities of daily living for self-care, including ambulation, bathing,
				dressing, eating, grooming, and toileting, and other similar services that are
				incidental to the care furnished and essential to the health, safety, and
				welfare of the client if no one else is available to perform those services.
				For purposes of this rule chapter, "personal care services" include personal
				supports, personal care assistance, and respite services, as defined in Rules
				 59G-13.070 and 13.088, Florida
				Administrative Code. This does not include any service provided in a licensed
				facility.
(8) This rule shall be
				reviewed, and if necessary, renewed through the rulemaking process five years
				from the effective date.
Rulemaking Authority
					 393.501,
					 393.066(8) FS.
					 Law Implemented 42 U.S.C.
					 1396b(l),
					  393.066(2) 
					 FS.
New 6-17-20.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-12 - AGENCY DATA MANAGEMENT SYSTEMS › Section 65G-12.002 - Electronic Visit Verification

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to the 21st Century Cures Act of 2016,
				42 U.S.C.
				1396b(l), as a condition for
				payment from the Agency, providers of personal care services and home health
				services that require an in-home visit pursuant to the HCBS Waiver or the CDC+
				program shall use the Agency-designated Electronic Visit Verification ("EVV")
				system to verify the following:
(a) The type
				of service performed;
(b) The
				individual receiving the service;
(c) The date of the service;
(d) The location of service
				delivery;
(e) The individual
				providing the service; and
(f) The
				time the service begins and ends.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-13 - INDIVIDUAL AND FAMILY SUPPORTS › Section 65G-13.002 - Individual and Family Supports (IFS) Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Requesting IFS.
(a) A request for IFS can be made orally or
				in writing to the appropriate Agency regional office by a client, client's
				legal representative, or client's support coordinator. IFS can also be
				initiated by the Agency.
(b) A
				request for IFS must include:
1. The name and
				address of the client for whom IFS is being requested;
2. If the requester is different than the
				client, the name, contact information, and relationship with the client of the
				individual submitting the IFS request;
3. A description of the specific need to be
				addressed by the requested IFS service(s);
4. Documentation that demonstrates the
				specific need to be addressed by the requested IFS service(s); and
5. An explanation of the efforts taken to
				address those needs through other funding sources and natural
				supports.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-13 - INDIVIDUAL AND FAMILY SUPPORTS › Section 65G-13.003 - Individual and Family Supports Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) IFS may only be approved for clients when
				community-based services are medically necessary to prevent
				institutionalization under Section
				 393.066(3),
				F.S., which may include the use of IFS to avert a crisis as described in
				Section  393.065(5)(a),
				F.S. and Division 65G, F.A.C.
(2)
				Clients enrolled on the Waiver must not receive IFS services that are the same
				or substantially the same as the services offered on the Waiver, except for:
(a) A client approved for and actively
				enrolling onto the Waiver, the client shall demonstrate imminent serious
				jeopardy prior to Waiver enrollment. The provision of IFS shall only be
				approved to directly address the imminent serious jeopardy and must end on the
				effective date upon commencement of Waiver services that addresses the imminent
				serious jeopardy. The utilization of IFS will be reviewed on the 90th day from
				the date the client applied for enrollment onto the Waiver for clients who have
				not yet enrolled onto the Waiver by the 90th day.
(b) A client with a pending Significant
				Additional Need ("SAN") request, as described in Rule
				 65G-4.0218, F.A.C., that is in
				imminent serious jeopardy and the IFS directly addresses the need for which the
				SAN has been requested. For IFS approved under this paragraph, the IFS must
				terminate:
1. Upon denial of the SAN request;
				or
2. After approval of the SAN
				request and upon commencement of the waiver service(s) for which the SAN has
				been requested.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-13 - INDIVIDUAL AND FAMILY SUPPORTS › Section 65G-13.004 - In-Home Subsidy Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				request for an in-home subsidy must be made by submitting a complete and
				accurate Individual Financial Profile, Form
				 65G-13.004 A, effective 12-2022,
				adopted and incorporated herein, which may be found at
https://apd.myflorida.com/customers/supported-living/docs/Individual%20Financial%20Profile%20Form%20-%20FINAL%20221222.pdf
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-14949
,
				with the required supporting documentation, by either:
(a) For a client enrolled on the Waiver, the
				client's support coordinator; or
(b) For a client not enrolled on the Waiver,
				the client's supported living coach, if one is assigned, otherwise the client
				or the client's legal representative.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-13 - INDIVIDUAL AND FAMILY SUPPORTS › Section 65G-13.005 - In-Home Subsidy Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				in-home subsidy funding is limited to basic living necessities that enable a
				client, in supported living, to live in his or her own home.
(2) In addition to the other requirements of
				this section, to be eligible for an in-home subsidy, a client must establish:
(a) He or she is eighteen years of age or
				older;
(b) He or she either:
1. Requires the assistance of an in-home
				subsidy to move into one's own home; or
2. Is unable to remain in his or her own home
				without an in-home subsidy;
(c) That living in his or her own home:
1. Is in the client's best
				interest;
2. Does not jeopardize
				the health, safety, or welfare of themselves or others; and
3. Is more cost-effective than other
				options;
(d) For a client
				who leases their own home, a current written lease, signed by the client and
				landlord that is not prohibited.
1. Prohibited
				leases for in-home subsidy purposes include:
a. A month-to-month lease unless the client's
				circumstances meet any of the criteria listed in sub-sub-subparagraphs
				(I)-(III) of this paragraph and may not be used for more than three consecutive
				months per fiscal year.
I. All available
				housing options that meet a client's identified needs require a month-to-month
				lease. For purposes of this paragraph, "available housing options" means the
				options that are reasonable relative to the client's financial means, as
				identified in the Individual Financial Profile;
II. Alternative living arrangements that
				offer long-term leases, such as annual leases, cannot reasonably meet the
				client's identified needs as described in his or her support plan; or
III. The client's health, safety, and welfare
				require he or she sign a month-to-month lease. The client may request an
				extension to the three-month period if the client's health, safety, and welfare
				are at risk.
b. Any fixed
				term that is less than one month.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-13 - INDIVIDUAL AND FAMILY SUPPORTS › Section 65G-13.006 - In-Home Subsidy Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) In-home
				subsidy funds are limited to an individual determination of need and shall not
				be used to purchase restricted items, which include:
(a) Satellite or cable television services or
				the purchase of a television;
(b)
				Maintenance of a swimming pool;
(c)
				Vacation travel or accommodations;
(d) Aesthetic home improvements;
(e) Contractor services;
(f) Medical or dental services;
(g) Medicines, medical supplies, or adaptive
				equipment or aids;
(h) Any portion
				of the principal or interest of a mortgage payment;
(i) Insurance premium(s), which include but
				are not limited to life, auto, medical/health, renter's, and
				homeowner's;
(j) Loans, debts, or
				credit card payments;
(k) Personal
				spending funds or savings accounts;
(l) Alcohol or nicotine products or
				supplies;
(m) Alimony payments or
				child support payments, alimony payments, child support payments, or any
				payments that are not for the direct benefit of the client;
(n) Major appliances, which includes but is
				not limited to an air conditioner, heater, refrigerator, stove, dishwasher, or
				washer/dryer;
(o) Computer, tablet
				personal computer, or cell phone;
(p) Second telephone line;
(q) Court costs, lawyer fees, traffic
				tickets, or fines;
(r) Recreational
				items or expenses related to events and activities that a client
				attends;
(s) Reimbursement of money
				owed for cost of expenses related to events and activities that a client
				attends;
(t) Capital improvements
				to property;
(u) General repair and
				maintenance of property, which includes but is not limited to repair and
				maintenance of major appliances;
(v) Fees related to legal guardianship and
				legal guardianship reports;
(w)
				Property taxes;
(x) Supporting or
				subsidizing any other person living in the client's household;
(y) Paying a contractor for the provision of
				services and supports to a client who is the recipient of the in-home
				subsidy;
(z) Internet;
(aa) Transportation;
(bb) Services and supports otherwise covered
				under Rules  65G-13.002 and 13.003, F.A.C.;
				and
(cc) Covering or replacing
				supports or services which are allowable under the U.S. Department of Housing
				and Urban Development, the Medicaid State Plan, the Medicaid Home and
				Community-Based Services Waiver, or any other governmental
				agency.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-13 - INDIVIDUAL AND FAMILY SUPPORTS › Section 65G-13.007 - In-Home Subsidy Review

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency
				can review any in-home subsidy for compliance with this chapter and Florida
				statutes.
(2) An in-home subsidy
				shall be used in a manner that is approved by the Agency, as described in the
				approval notice issued by the Agency. Should in-home subsidy funds not be used
				in a manner approved by the Agency, the Agency shall take action to ensure that
				the use of in-home subsidy funds complies with this chapter and Florida
				Statutes, including:
(a) Terminating or
				decreasing the amount of the subsidy; or
(b) Disbursing direct payment to the vendor
				(such as a landlord or utility company) instead of disbursing an in-home
				subsidy payment to the client or the legal representative.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-13 - INDIVIDUAL AND FAMILY SUPPORTS › Section 65G-13.008 - Room and Board Payments

Current through Reg. 50, No. 138; July 16, 2024
(1) For the
				Agency to authorize a room and board payment to a licensed residential facility
				in accordance with legislative appropriation for room and board services
				received by a client, the client must:
(a)
				reside in a licensed residential facility;
(b) have sought and obtained all available
				third-party benefits and benefit payments, for which the client is
				entitled;
(c) have utilized all
				third-party benefits and benefit payments towards the payment of room and board
				services, except for a personal needs allowance as set forth in Rule
				 65G-2.018, F.A.C.; and
(d) provide all records relating to receipt
				of third-party benefits and benefit payments to the residential facility in
				which the client resides.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-14 - QUALIFIED ORGANIZATIONS AND WAIVER SUPPORT COORDINATION › Section 65G-14.002 - Qualifications

Current through Reg. 50, No. 138; July 16, 2024
(1) Each Qualified Organization must meet the
				requirements of Section
				 393.0663, F.S., this rule
				chapter, and the iBudget Handbook, and be approved by the Agency. A provider
				agency, as described in the iBudget Handbook, which provides support
				coordination services prior to the effective date of this rule must apply to
				and be approved by the Agency before it can be designated as a Qualified
				Organization.
(2) Application for
				Approval. Any business entity that wishes to become a Qualified Organization
				must submit the following to the appropriate Regional Office, which will be
				known as the applicant's Home Region:
(a) A
				completed Qualified Organization Application, APD Form
				 65G-14.002 A, effective July 1,
				2021, incorporated here by reference, and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12650
;
(b) A copy of the proposed code of ethics
				described in Rule  65G-14.0041, F.A.C.;
(c) A copy of the proposed disciplinary
				process described in Rule
				 65G-14.0042, F.A.C.;
(d) A copy of the proposed mentoring program
				described in Rule  65G-14.0043, F.A.C.;
(e) A copy of the proposed policies and
				procedures required by the iBudget Handbook for provider agencies;
(f) A copy of each prospective Support
				Coordinator's provider application as described in Rule
				 65G-4.0215, F.A.C., or Medicaid
				Waiver Services Agreement ("MWSA") for existing Support Coordinators;
				and
(g) A table of organization,
				including at minimum: the first and last name, position title, contact
				information including phone number and email address, Medicaid provider number
				(if applicable), and indicate full or part-time employment for all directors,
				supervisors, owners, operators, managers, or any other position that directly
				oversees the operations of any Qualified Organization in the State of Florida
				or who provides support coordination services regardless of contractual
				relationship, including a designated mentor(s). The table must indicate in
				which region each individual operates. If the Qualified Organization operates
				in multiple regions, the table of organization must be organized by region and
				a point of contact must be designated for each region.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-14 - QUALIFIED ORGANIZATIONS AND WAIVER SUPPORT COORDINATION › Section 65G-14.003 - Agency Monitoring and Oversight

Current through Reg. 50, No. 138; July 16, 2024
(1) To
				enable the Agency to comply with Section
				 393.0663(3),
				F.S., each Qualified Organization must report to the Agency any violation of
				ethical or professional conduct by Support Coordinators employed by that
				organization within seven (7) calendar days of discovering the violation,
				unless the violation threatens the health and safety of a client(s). Any
				violation that could cause a client's physical, mental, or emotional health to
				be significantly impaired must be reported to the Agency within 24 hours of
				discovering the violation. Violations shall be treated as discovered by a
				Qualified Organization as of the first day on which such violation is known or
				by exercising reasonable diligence should have been known to the Qualified
				Organization. Each Qualified Organization is responsible for reporting
				violations that occur from the time of hiring each Support Coordinator. For the
				purposes of this section, a "violation of ethical or professional conduct"
				shall include any of the following actions on the part of a Support
				Coordinator:
(a) Unprofessional interactions
				with a client, legal representative, service provider, or Agency staff member
				as evidenced by documented or observed instances of screaming, yelling,
				cursing, or physical altercations as well as engaging or attempting to engage
				in verifiable romantic or sexual behavior with a client;
(b) Arrest for a disqualifying criminal
				offense as described in Sections
				 393.0655(5)  and
				 435.04(2),
				F.S.;
(c) Verified finding of
				abuse, neglect, exploitation, or abandonment;
(d) Falsification of documentation;
(e) Accidental or incidental unauthorized
				disclosure of a client's confidential or private information;
(f) Reckless or intentional unauthorized
				disclosure of a client's confidential or private information;
(g) Failure to perform support coordination
				duties necessary to comply with legal notices regarding client services, such
				as updating cost plans based on service determinations;
(h) Failure to perform support coordination
				duties, as required by statutes and administrative rules, including the iBudget
				Handbook, which jeopardize or are likely to jeopardize the health, safety, or
				welfare of a client;
(i) Borrowing,
				attempting to borrow, or accepting funds from a client or, if applicable,
				client's legal representative or family;
(j) Diverting clients to specific providers
				and not facilitating provider choice;
(k) Not maintaining updated and accurate
				contact and demographic information for clients and legal representatives in
				iConnect;
(l) Material or repeated
				occurrences of Support Coordinators making errors inputting data in iConnect;
				and
(m) Any violation of the
				Qualified Organization's code of ethics.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-14 - QUALIFIED ORGANIZATIONS AND WAIVER SUPPORT COORDINATION › Section 65G-14.004 - Qualified Organization Duties and Responsibilities - Oversight of Support Coordinators

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				Qualified Organization must comply with all requirements identified in Section
				 393.0663, F.S., which includes
				ensuring that all Support Coordinator staff have the knowledge, skills, and
				abilities necessary to competently provide services to individuals with
				developmental disabilities. Each Qualified Organization must maintain and
				enforce standards and procedures to ensure that its Support Coordinators are
				complying with their duties and responsibilities as described in Chapter 393,
				F.S.; Division 65G, F.A.C.; the iBudget Handbook, and, if applicable, the CDC+
				Handbook, including ensuring its Support Coordinators timely request renewal of
				their MWSA. Qualified Organizations are responsible for promptly addressing
				complaints/compliance issues regarding its Support Coordinators'
				performance.
(2) Upon request by
				the Agency or making any material change, the Qualified Organization must
				submit the following documentation to any Regional Office(s) in which it
				provides services to demonstrate compliance with Chapter 393, F.S., the iBudget
				Handbook, and this rule chapter:
(a) A copy of
				the code of ethics described in Rule 14.0041, F.A.C.;
(b) A copy of the disciplinary process
				described in Rule 14.0042, F.A.C.;
(c) A copy of the mentoring program described
				in Rule 14.0043, F.A.C.;
(d) A copy
				of the policies and procedures required by the iBudget Handbook for provider
				agencies; and
(e) Table of
				organization, including at minimum: the first and last name, position title,
				contact information including phone number and email address, Medicaid provider
				number (if applicable), and indicate full or part-time employment for all
				directors, supervisors, owners, operators, managers, or any other position that
				directly oversees the operations of any Qualified Organization in the State of
				Florida or who provides support coordination services regardless of contractual
				relationship, including a designated mentor(s). If the Qualified Organization
				operates in multiple regions, the table of organization must be organized by
				region and a point of contact must be designated for each
				region.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-14 - QUALIFIED ORGANIZATIONS AND WAIVER SUPPORT COORDINATION › Section 65G-14.0041 - Qualified Organization Duties and Responsibilities - Code of Ethics

Current through Reg. 50, No. 138; July 16, 2024
(1) Each Qualified Organization must develop,
				maintain, and enforce a professional code of ethics applicable to all Support
				Coordinators within the organization. Failure to develop, maintain, or enforce
				a professional code of ethics shall constitute grounds for the Agency to deny
				approval of or take disciplinary action against the Qualified
				Organization.
(2) The code of
				ethics must include:
(a) Provisions addressing
				how the Qualified Organization will prevent and avoid actual and perceived
				conflicts of interest among its Support Coordinators, which must prohibit each
				Support Coordinator from:
1. Being the legal
				representative, applying to be the legal representative, or being affiliated
				with an organization or person who is the legal representative of a client
				served by the Qualified Organization;
2. Being the legal representative or
				representative payee for any benefits received by a client served by the
				Qualified Organization nor assume control of a client's finances or assume
				possession of a client's checkbook, investments, or cash;
3. Rendering support coordination services to
				a client who is a family member;
4.
				Unduly influencing paid services on behalf of a client from a service provider
				who is a family member of the Support Coordinator or any employee of the
				Qualified Organization;
5.
				Providing any waiver service other than support coordination and CDC+
				consultant services;
6. Being a
				subsidiary of or being directly or indirectly controlled by persons or
				organizations providing waiver services within the state of Florida, other than
				support coordination and related administrative activities to clients who
				receive services from the Agency;
7. Requesting or receiving financial
				compensation from family members of clients; and
8. Providing assistance to a client on
				completion of the Support Coordinator Client Satisfaction
				Survey.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-14 - QUALIFIED ORGANIZATIONS AND WAIVER SUPPORT COORDINATION › Section 65G-14.0042 - Qualified Organization Duties and Responsibilities - Disciplinary Process

Current through Reg. 50, No. 138; July 16, 2024
(1) Each Qualified Organization must develop,
				maintain, and enforce a disciplinary process applicable to all Support
				Coordinators within the organization. Failure to develop, maintain, or enforce
				a disciplinary process shall constitute grounds for the Agency to deny the
				application of or take disciplinary action against the Qualified
				Organization.
(2) The disciplinary
				process must, at a minimum, include:
(a)
				Comprehensive review of the violation(s) to determine its impact within the
				Organization, including its impact on service delivery to clients;
(b) Any Support Coordinator who is
				responsible for a violation will meet with his or her supervisor to review and
				address the violation(s), which may include:
1. Discussing factors that led to the
				violation(s);
2. Discussing whether
				this is a repeat violation for the Support Coordinator; and
3. Discussing how the violation will be
				avoided or prevented from recurring, which may include requiring additional
				training for the Support Coordinator or the development of additional job aides
				to help the Support Coordinator improve his or her job
				performance.
(c)
				Disciplinary action commensurate with the Support Coordinator's violation(s),
				including consideration of whether it is a repeat violation and its gravity;
				and
(d) Appropriate
				follow-up.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-14 - QUALIFIED ORGANIZATIONS AND WAIVER SUPPORT COORDINATION › Section 65G-14.0043 - Qualified Organization Duties and Responsibilities - Mentoring Program

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to completing required
				training as provided in the iBudget Handbook and Rule
				 65G-10.004, F.A.C., any person
				or Support Coordinator who has less than 12 months' experience working as a
				Support Coordinator as of July 1, 2021 must complete an Agency-approved
				mentoring program offered by his or her Qualified Organization. Mentees will
				only receive credit for participating in a mentoring program approved by the
				Agency. The following qualifications and restrictions apply:
(a) Any existing Waiver Support Coordinator
				who has an active Medicaid Waiver Services Agreement but less than 12 months'
				experience working as a Waiver Support Coordinator within the past 12 months of
				July 1, 2021 may receive credit for completing activities described in
				subsection (4) of this rule prior to joining the Qualified
				Organization.
(b) Mentees may serve
				clients during the mentoring program as long as their mentor supervises each
				activity described in paragraphs (4)(a) and (b) of this
				rule.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-15 - STATE INSTITUTION CLAIMS PROGRAM › Section 65G-15.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Agency" means the Agency for Persons
				with Disabilities.
(2) "Claimant"
				means any person who submits a restitution claim alleging property damage
				and/or direct medical expenses for his or her injuries under Section
				 402.181, F.S.
(3) "Health care" means services, supplies,
				and equipment that are necessary for the treatment of an injury to a person's
				body.
(4) "Incident" means the same
				or similar event or occurrence in time.
(5) "Resident" means any individual of any
				developmental disability center or state institution under the supervision of
				the Agency, while such individual is living and receiving services at the
				center or institution. This includes Tacachale, Sunland Center, the
				Developmental Disabilities Defendant Program ("DDDP"), and Pathways.
(6) "Preponderance of the evidence" means the
				party bearing the burden of proof must present evidence which shows that the
				fact to be proven is more probable than not.
(7) "Repair cost" means the cost of services
				to restore a damaged asset to a condition that is as useful or productive as
				the asset was before the damage.
(8) "Replacement cost" means the cost of
				acquiring an asset that is of comparable value as the asset previously
				held.
(9) "Restitution" means
				recompense for injury or loss. Restitution includes any taxes, shipping, or
				other related costs necessary to be made whole.
(10) "Restitution claim" means any
				reimbursement claim resulting from property damages and/or direct medical
				expenses for injuries caused by a resident(s) that has not been restored or
				recompensed by any other source including but not limited to workers'
				compensation, casualty and liability insurance, and health
				insurance.
Rulemaking Authority
					 402.181(3),
					 393.501(1) FS.
					 Law Implemented 402.181
					 FS.
New 5-2-22.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65G - Agency for Persons with Disabilities › Chapter 65G-15 - STATE INSTITUTION CLAIMS PROGRAM › Section 65G-15.002 - Restitution Claims

Current through Reg. 50, No. 138; July 16, 2024
(1) A claimant
				filing a restitution claim under Section
				 402.181, F.S., has the burden to
				prove by a preponderance of the evidence:
(a)
				That the action(s) of a resident(s) is the direct cause of claimant's property
				damages and/or direct medical expenses for injuries; and
(b) The monetary amounts of the claimant's
				damages and/or expenses.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.001 - Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.903,
					 39.905 FS. Law Implemented
					 39.905
					 FS.
New 5-13-79, Amended 12-4-79, 12-13-85, Formerly 10A-8.03,
					 Amended 6-22-87, Formerly 10A-8.003, 10M-48.002, Amended 3-12-00, Formerly
					  65C-6.002, Repealed
					 11-30-09.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.002 - Procedures for Funding (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.903,
					 39.905 FS. Law Implemented
					 39.903
					 FS.
New 5-13-79, Amended 12-4-79, 11-1-83, 12-3-85, Formerly
					 10A-8.04, Amended 6-22-87, Formerly 10A-8.004, 10M-48.003, Amended 3-12-00,
					 Formerly  65C-6.003, Repealed
					 11-30-09.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.003 - Standards for Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.903,
					 39.905 FS. Law Implemented
					 39.905
					 FS.
New 5-13-79, Amended 12-4-79, 1-11-83, 12-3-85, Formerly
					 10A-8.05, Amended 6-22-87, Formerly 10A-8.005, 10M-48.004, Amended 3-12-00,
					 Formerly  65C-6.004, Repealed
					 11-30-09.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.004 - Confidentiality (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 415.608,
					 120.53 FS. Law Implemented
					 415.601 et seq. FS.
New 5-13-79, Amended 12-4-79, 12-3-85, Formerly 10A-8.06,
					 10A-8.006, 10M-48.005,
					  65C-6.005, Repealed
					 11-30-09.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.005 - Evaluation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.903 FS. Law Implemented
					 39.903
					 FS.
New 5-13-79, Amended 12-4-79, 12-3-85, Formerly 10A-8.07,
					 10A-8.007, 10M-48.006, Amended 3-12-00, Formerly
					  65C-6.006, Repealed
					 11-30-09.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.010 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 39.903 FS. Law Implemented
					 39.905
					 FS.
New 11-30-09, Repealed
					 4-16-12.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.012 - Application and Certification Process

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Certification Eligibility.
(a) To be eligible
				for certification an applicant shall be a not-for-profit corporation created
				for the purpose of operating a domestic violence center. The not-for-profit
				corporation may be affiliated with a local government entity or a larger
				private organization but must be a distinct entity with its own corporate
				structure and budget. Existing domestic violence centers initially certified
				prior to November 30, 2009, shall be exempt from the foregoing requirement. All
				funding and budget issues pertaining to the operation of the domestic violence
				program must be reported independently from other activities. The domestic
				violence center's primary mission shall be the provision of services to victims
				of domestic violence, as defined in Section
				 741.28, F.S.
(b) When an applicant is seeking
				certification within the service area of an existing certified center, the
				applicant shall demonstrate the unmet need in that service area.
(c) Only applicants that have been in
				operation and providing domestic violence services for 18 consecutive months,
				including 12 months operation of an emergency shelter, as detailed in this rule
				chapter and Section  39.905, F.S., may apply to the
				Department for certification.
(d)
				Applicants for initial certification must demonstrate an ability to operate,
				garner community support, and maintain solvency by providing proof of the
				following:
1. Satisfactory environmental
				health inspection report completed within the last 365 days by the local health
				department.
2. Satisfactory fire
				safety inspection report completed within the last 365 days by the local fire
				authority.
3. Financial ability to
				provide services and shelter.
4.
				Maintenance of all records pertaining to the operation of the domestic violence
				program and provision of services in a manner such that the records are readily
				accessible.
Florida Administrative Code › 65 - DEPARTMENT OF CHILDREN AND FAMILIES › 65H - Domestic Violence › Chapter 65H-1 - DOMESTIC VIOLENCE › Section 65H-1.014 - Services

Current through Reg. 50, No. 138; July 16, 2024
To be eligible for certification, a domestic violence center
				  shall provide the minimum services as set forth below and in Section
				   39.905, F.S. Providers may
				  provide additional services beyond the minimum requirements. For services
				  provided, the center must make specific efforts to address the needs of
				  underserved populations within the center's service area, including populations
				  that are underserved because of disabilities, ethnicity, gender, race,
				  language, or geographic isolation.
(1)
				Information and Referral. Education and recommendations on services to those
				persons seeking assistance. The provider shall maintain a comprehensive and
				current database of information and referral resources, which shall be made
				available for use by all direct service staff.
(2) Counseling. Supportive activities with
				victims of domestic violence.
(a) Counseling
				services shall incorporate supportive advocacy services such as crisis
				intervention, safety planning, assessment of risk, and intervening with the
				various social and legal agencies on behalf of the center participant,
				including legal advocacy, medical advocacy, housing advocacy, interpretation
				services, and additional services as needed.
(b) Counseling services may be based on the
				peer-counseling model. Individuals who need mental health counseling services
				may be served through referral to an outside provider.