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-14.005 - Disciplinary Action

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of
				this rule is to notify Qualified Organizations of the ranges of penalties that
				will routinely be imposed in response to a Qualified Organization's
				violation(s) of applicable Agency rule(s) or statute(s) and, if applicable,
				failure to timely correct the violation(s). The Agency will also consider any
				aggravating and mitigating factors as discussed in this rule when determining
				the appropriate penalty.
(2) The
				ranges of penalties are based upon a single count violation of each provision
				listed. Multiple counts of the violated provisions or a combination of
				violations may result in a higher penalty than that for a single, isolated
				violation.
(3) If a Qualified
				Organization wishes to voluntarily relinquish its authorization to provide
				support coordination services, then the Qualified Organization may do so only
				with the approval of the Agency. If the voluntary relinquishment is accepted by
				the Agency at the time an investigation is underway, or is anticipated, or when
				a disciplinary action is in progress, the Agency shall continue to follow
				through with any determination that a violation has occurred or that the
				disciplinary action in progress has not been completed, and shall consider such
				information with any future application to operate as a Qualified
				Organization.
(4) The Agency may
				impose more than one type of disciplinary action if it appears necessary to
				achieve compliance or protect the health, safety, and welfare of Agency
				clients. The ranges of penalties are as follows:
Violation
First Offense
Additional Offense(s)
(a) Failure to employ four or more support
							 coordinators.
(Section 393.0663(2)(b)1., F.S., and subsection
							  65G-14.002(7),
							 F.A.C.)
Moratorium on new client assignments until minimum
							 requirements are met. If the QO does not meet the minimum WSC requirements
							 within 90 days.
Moratorium on new client assignments, fine up to $100
							 per day.
(b) Failure of any directors, supervisors, owners,
							 operators, and managers who directly oversee the operations of any Qualified
							 Organization in the State of Florida to have at least a bachelor's degree from
							 an accredited college or university and two years of experience providing
							 services to persons with developmental disabilities.
(Paragraph
							  65G-14.002(3)(a),
							 F.A.C.)
Corrective Action Plan and/or fine per occurrence up
							 to $500.
Corrective Action Plan, fine per occurrence up to $1,
							 000.
(c) Failure of any directors, supervisors, operators,
							 and managers who directly oversee Support Coordinators in the State of Florida
							 to complete Level 1 Training as described in Rule
							  65G-10.004, F.A.C., regardless
							 of whether they are Support Coordinators.
(Paragraph
							  65G-14.002(3)(b),
							 F.A.C.)
Fine per occurrence up to $500.
Fine per occurrence up to $1, 000.
(d) Failure of any director, supervisor, operator, or
							 manager who directly oversees Support Coordinators in the State of Florida to
							 attend a minimum of six (6) monthly support coordinator meetings with Agency
							 staff each year, including at least one meeting in each region served by that
							 particular director, supervisor, operator, or manager.
(Paragraph
							  65G-14.002(3)(c),
							 F.A.C.)
Fine per occurrence up to $500.
Fine per occurrence up to $1, 000.
(e) Failure to report to the Agency a violation of
							 ethical or professional conduct by Support Coordinators employed by that
							 organization within seven (7) calendar days.
(Section
							  393.0663(3)(a),
							 F.S., and subsections
							  65G-14.003(1),
							 (2), and
							  65G-14.0041(4),
							 F.A.C.)
Corrective Action Plan and/or fine up to $250 per
							 violation.
Fine up to $1, 000 per violation.
(f) Failure to report any violation that could cause
							 a client's physical, mental, or emotional health to be significantly impaired
							 to the Agency within 24 hours of discovering the violation.
(Subsection
							  65G-14.003(1),
							 F.A.C.)
Corrective Action Plan that includes re-training on
							 zero tolerance and reporting requirements and/or fine up to $1, 000 per
							 violation.
Corrective Action Plan that includes re-training on
							 zero tolerance and reporting requirements, fine up to $2, 000 per
							 violation.
(g) Failure to immediately report abuse, neglect,
							 exploitation, or abandonment of a client to the Florida Abuse Hotline in
							 compliance with Sections
							  415.1034 and
							  39.201, F.S.
(Subsection
							  65G-14.003(2),
							 F.A.C.)
Corrective Action Plan that includes re-training on
							 zero tolerance and reporting requirements and/or a fine up to $1, 000 per
							 violation.
Corrective Action Plan that includes re-training on
							 zero tolerance and reporting requirements, a fine up to $2, 000 per
							 violation.
(h) Failure to include all required information in
							 any report to the Agency as required by subsection 14.003(2), F.A.C.
(Rule
							  65G-14.003(2),
							 F.A.C.)
Corrective Action Plan.
Corrective Action Plan and fine up to $100 per
							 occurrence.
(i) Failure to maintain an active and accurate roster
							 within the Clearinghouse to ensure all Support Coordinators have active and
							 eligible level II background screenings.
(Subsection
							  65G-14.003(3),
							 F.A.C.)
Corrective Action Plan, and/or fine up to
							 $250.
Corrective Action Plan, fine of up to $500 per
							 person, per day.
(j) Failure to ensure that all Support Coordinators
							 complete level II background screening upon hire and maintain eligible status
							 within the Clearinghouse in accordance with Section 393.0655 and Chapter 435,
							 F.S.
(Subsection
							  65G-14.003(3),
							 F.A.C.)
Corrective Action Plan that includes retraining on
							 Background Screening requirements, and/or fine up to $500 per person, per
							 day.
Corrective Action Plan, fine up to $1, 000 per
							 person, per day.
(k) Failure to provide each client or, if applicable,
							 his or her legal representative, with an invitation to take a client
							 satisfaction survey during each client's annual support plan meeting.
(Section
							  393.0663(3)(b),
							 F.S., and subsection  65G-14.003(5),
							 F.A.C.)
Fine up to $100 per occurrence.
Fine up to $250 per occurrence.
(l) Failure to 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.
(Sections 393.0663(2)(b)2.-9., F.S., and subsection
							  65G-14.004(1),
							 F.A.C.)
Corrective Action Plan, fine up to $500 per
							 occurrence, and/or moratorium on new client assignments.
Corrective Action Plan, fine up to $1, 000 per
							 occurrence, moratorium on new client assignments.
(m) Failure to promptly address complaints/compliance
							 issues regarding Support Coordinators' performance.
(Subsection
							  65G-14.004(1),
							 F.A.C.)
Corrective Action Plan and/or fine up to $500.
Corrective Action Plan with a moratorium on new
							 client assignments for the specified Support Coordinator until complaint(s) is
							 remediated, fine up to $2, 000.
(n) Failure to submit documentation to the
							 appropriate Regional Office(s) upon the Agency's request or making a material
							 change to any of the documents described in subsection
							  65G-14.004(2),
							 F.A.C.
(Paragraphs
							  65G-14.004(2)(a) 
							 -(e), F.A.C.)
Corrective Action Plan and/or fine up to $100.
Corrective Action Plan and/or fine up to $500.
(o) Failure to submit and maintain initial and/or
							 updated dual employment forms for a Support Coordinator.
(Paragraphs
							  65G-14.004(5)(b) 
							 -(c), F.A.C.)
Corrective Action Plan.
Corrective Action Plan and/or fine up to $100 per day
							 until plan is submitted.
(p) Failure to ensure that any Support Coordinator
							 who is dually employed complies with the approved dual employment plan.
(Paragraph
							  65G-14.004(5)(a),
							 F.A.C.)
Corrective Action Plan, potential moratorium on new
							 client assignments, and/or fine up to $500 per occurrence.
Moratorium on new client assignments, fine up to $1,
							 000 per occurrence.
(q) Failure to timely submit information relating to
							 a Support Coordinator's vacancy in excess of 30 calendar days to the
							 appropriate Regional Office.
(Subsection
							  65G-14.004(7),
							 F.A.C.)
Corrective Action Plan and potential moratorium on
							 new client assignments.
Fine up to $1, 000 per occurrence and potential
							 moratorium on new client assignments.
(r) Failure to ensure that its Support Coordinators
							 timely complete all required training in accordance with the iBudget Handbook
							 and Chapter 65G-10, F.A.C., including maintaining documentation to validate
							 successful completion.
(Sections 393.0663(2)(b)10.-11., F.S., and paragraphs
							  65G-14.004(8)(a) 
							 -(b), F.A.C.)
Corrective Action Plan.
Corrective Action Plan and a fine up to $500 per
							 occurrence.
(s) Failure to ensure all Support Coordinators comply
							 with all incident reporting requirements articulated in Chapters 415 and 39,
							 F.S., and subsection  65G-2.010(5),
							 F.A.C.
(Subsection
							  65G-14.004(9),
							 F.A.C.)
Corrective Action Plan, and/or fine up to
							 $100.
Corrective Action Plan and fine up to $500 per
							 occurrence.
(t) The Qualified Organization misrepresented or
							 omitted any material fact in any documentation submitted to the Agency.
(Subsection
							  65G-14.004(10),
							 F.A.C.)
Fine up to $1, 000 per occurrence.
Fine up to $5, 000 per occurrence.
(u) Failure to maintain and enforce an approved
							 professional code of ethics applicable to all its Support Coordinators.
(Subsection
							  65G-14.0041(1),
							 F.A.C.)
Corrective Action Plan, a fine per violation up to
							 $1, 000, and/or a moratorium on new client assignments.
Corrective Action Plan with a fine per violation up
							 to $5, 000, a moratorium on new client assignments.
(v) Failure to report to the Agency a violation of
							 the code of ethics by any Support Coordinator(s) employed by that
							 organization.
(Subsection
							  65G-14.0041(2),
							 F.A.C.)
Corrective Action Plan, a fine per violation up to
							 $500, and/or a moratorium on new client assignments.
Corrective Action Plan with a fine per violation up
							 to $1, 000, a moratorium on new client assignments.
(w) Failure to include all required provisions
							 articulated in paragraphs
							  65G-14.0041(2)(a) 
							 -(i), F.A.C., in a code of ethics that was modified after it was
							 approved.
(Subsection
							  65G-14.0041(2),
							 F.A.C.)
Corrective Action Plan.
Corrective Action Plan and/or moratorium on new
							 client assignments.
(x) Failure to comply with any requirement
							 articulated in subsection
							  65G-14.0041(3),
							 F.A.C., regarding making available and reviewing the approved code of ethics
							 with the client or, if applicable, legal representative on an annual basis or
							 immediately upon request.
(Subsection
							  65G-14.0041(3),
							 F.A.C.)
Corrective Action Plan, and/or a fine per violation
							 up to $500.
Corrective Action Plan with a fine per violation up
							 to $2, 500, a moratorium on new client assignments.
(y) Failure to maintain or enforce an approved
							 disciplinary process in accordance with Rule
							  65G-14.0042, F.A.C.
(Subsections
							  65G-14.0042(1) 
							 -(4), F.A.C.)
Corrective Action Plan, a fine per violation up to
							 $1, 000 and/or a moratorium on new client assignments.
Corrective Action Plan with a fine per violation up
							 to $5, 000, a moratorium on new client assignments.
(z) Failure to fully implement an approved Corrective
							 Action Plan within the timeframes described therein.
(Subsection
							  65G-14.0042(5),
							 F.A.C.)
Fine up to $1, 000 per day.
Fine up to $2, 000 per day, moratorium on new client
							 assignments.
(aa) Failure to implement an Agency-approved
							 mentoring program.
(Section 393.0663(2)(b)12., F.S., and subsections
							  65G-14.0043(1) and
							 (3), F.A.C.)
Corrective Action Plan and/or fine up to $1, 000 per
							 occurrence.
Corrective Action Plan, fine up to $5, 000 per
							 occurrence.
(bb) Allowing a mentee to perform WSC duties without
							 a mentor.
(Paragraph
							  65G-14.0043(1)(c),
							 F.A.C.)
Corrective Action Plan and/or fine up to $500.
Corrective Action Plan, Fine up to $2, 500.
(cc) Designating a mentor who does not meet the
							 minimum qualifications.
(Paragraph
							  65G-14.0043(4)(d),
							 F.A.C.)
Corrective Action Plan and/or fine up to $750 per
							 occurrence.
Corrective Action Plan, fine up to $4, 000 per
							 occurrence.
(dd) Failure to comply with requirements pertaining
							 to completion of the mentoring program.
(Paragraphs
							  65G-14.0043(10)(a) 
							 -(c), F.A.C.)
Corrective Action Plan and/or fine up to $500.
Corrective Action Plan, fine up to $2, 000.
(ee) Failure to comply with any other applicable laws
							 or rules.
(Section
							  393.0663(3)(c),
							 F.S.)
Corrective Action Plan, a fine per violation up to
							 $1, 000 and/or a moratorium on new client assignments.
Corrective Action Plan, fine up to $5, 000.
(5)
				The Agency shall consider whether any of the following mitigating factors are
				present, which indicate that less severe disciplinary action is warranted:
(a) The gravity of the violation(s) is not
				severe, meaning it did not involve the abuse, neglect, exploitation,
				abandonment, death, or serious physical or mental injury of a client or other
				individual; death or serious physical or mental injury could not reasonably
				have resulted from the violation; and the violation has not resulted in
				permanent or irrevocable injuries, damage to property, or loss of property or
				client funds;
(b) The Qualified
				Organization has already taken or is taking remedial action to correct the
				violation(s) and the corrective action was taken promptly;
(c) The violation has not occurred previously
				or, if it has occurred, the length of time since the last violation was
				substantial;
(d) The violation(s)
				affects only one client, as opposed to several clients under the care of
				Support Coordinators employed by the Qualified Organization;
(e) The Qualified Organization reported the
				violation(s) within the timeframes described in this chapter;
(f) The Qualified Organization has cooperated
				with the Agency, AHCA, DCF, and/or the QIO regarding the violation(s);
				and
(g) Any other relevant
				mitigating factors.