Florida Administrative Code

(1) Facilities shall not begin to hold or treat involuntary an individual under a Baker Act until licensed by AHCA and designated in accordance with this rule chapter and with Chapters 394 or 395, F.S. (2) The following types of facilities are authorized to provide acute psychiat…

(1) Any facility designated as a receiving facility failing to comply with this chapter may have such designation suspended or withdrawn. (2) Each receiving facility shall have policies and procedures that prescribe, monitor and enforce all requirements specified in Chapter 65E-5…

Complaints with regard to the provisions of this chapter shall be filed with the district or region mental health and substance abuse program supervisor, or designee, of the district or region in which the violation is alleged to have occurred. The district or region mental healt…

(1) After the Department issues an initial designation, pursuant to 65E-5.350 and 65E-12, F.A.C., the Department has the ability to issue the following: (a) Conditional Designation. A conditional designation may be issued when the Department determines failure to meet one or more…

(1) Applicability. Designation as a public receiving facility is required for any facility licensed under the authority of Chapter 395 or 394, F.S., to be eligible for payment from Baker Act appropriations. Designation does not in and of itself represent any agreement to pay for …

(1) In order to protect the welfare of the individuals residing in state civil mental health facilities, the department shall establish the following grievance process for residents of all state civil mental health treatment facilities. The process shall be explained during the o…

(1) Each state civil mental health treatment facility shall make telephones available for residents. Any restriction on telephone usage shall be documented in the clinical record. Such documentation shall specify the reason for the restriction, its duration, and the treatment goa…

(1) MRTs must provide immediate, behavioral health crisis services to: (a) Focus on crisis diversion and the reduction of involuntary examination (b) Assess the individual for risk of suicidal and homicidal thoughts or behaviors. (c) Assess the individual for mood disturbances su…

(1) Definitions as used in this rule section: (a) "988 Florida Lifeline" means the network of 988 suicide and crisis lifeline call centers within Florida that connect individuals experiencing emotional distress to trained crisis counselors who provide de-escalation, crisis interv…

These rules shall apply to all residential treatment centers, including therapeutic group homes, under contract with the department or the agency to provide treatment services to children with an emotional disturbance or serious emotional disturbance who are admitted to services …

(1) "Abuse" means any willful or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal d…

(1) An entity operating as a residential treatment center, including therapeutic group homes, shall first obtain a license from the Agency. All applicants for licensure must comply with the application requirements of chapters 394, part IV, 408, part II, F.S., and the requirement…

(1) Provider staff shall cooperate with the Agency and Department personnel during surveys, complaint investigations, monitoring visits, implementation of correction plans, license application and renewal procedures, and other activities necessary to ensure compliance with chapte…

(1) Governing body. (a) Each provider shall have a governing body that exercises authority over the provider's operation, policies and practices, and compliance with this rule. (b) For-profit and not-for-profit organizations shall maintain advisory boards that review the operatio…

(1) Additional standards for therapeutic group homes. The primary mission of the therapeutic group home is to provide treatment of serious emotional disturbance. Distinguishing features of a therapeutic group home include the following: (a) Meets the requirements of a single-fami…

(1) Personnel procedures. The provider shall have written personnel procedures that, at a minimum, address the following items: (a) The recruitment, retention, training and effective performance of qualified staff; (b) The types and numbers of clinical, managerial and direct care…

(1) Admission procedures subsections (3) through (6), do not apply to children placed in accordance with section 985.19, F.S. (2) The provider shall have and utilize written admission procedures that address: (a) Admission criteria; (b) List of materials and forms required from t…

(1) Within fourteen business days after admission, a written treatment plan shall be developed with input from, interpreted and provided to, and signed and dated by the child, the child's parent(s) or guardian, child welfare or community based care case manager, foster parents an…

(1) The provider shall involve the child and the child's parent or guardian to the fullest extent possible at all stages of treatment planning and discharge planning toward the goal of reintegrating the child into the community. (2) The child's discharge plan shall be reviewed an…

(1) The provider shall have and use on an ongoing basis a written procedure on discharge planning and aftercare services that specifies the availability of services and the persons responsible for implementation of the aftercare plan. (2) Discharge planning shall begin at the tim…

(1) The provider shall protect children's rights under the federal and state constitutions and as specified in sections 394.459 and 394.4615, F.S. The provider shall also ensure that: (a) Physical punishment and treatment modalities that place the child at risk of physical injury…

(1) General requirements. (a) Providers shall comply with guidelines for the use of restraint, seclusion and time-out as specified in chapter 394, F.S., in addition to the guidelines specified in this rule. (b) Restraint or seclusion shall not result in harm or injury to the chil…

(1) The provider shall develop, implement and maintain written policies and procedures governing the administration of medication and the supervision of and assistance with self-administered medication. These policies and procedures shall include, but not be limited to, managemen…

(1) "Child welfare services," as used in this rule, means foster care and all related services and benefits available to children in Florida's foster care and to young adults who remain qualified for independent living transition services. (2) "Unaccompanied refugee minor" means …

Unaccompanied refugee minors are eligible, within the meaning of 45 C.F.R. §400.116(a), for the same range of child welfare services and according to the same standards as are provided to other children and young adults in Florida's foster care. Allowable child welfare services m…

In this chapter, terms and phrases shall have the meanings defined in Chapter 393, F.S., or this section. (1) "Area Office" is the local office responsible for managing one of the Agency's 14 service areas. (2) "Central Office" is the Agency's headquarters located at 4030 Esplana…

Rulemaking Authority 393.501(1), 393.065 FS. Law Implemented 393.065. History-New 9-19-07, Transferred to 65G-11.004.

(1) Individuals determined to be in crisis will be prioritized for available waiver placements in order of the severity of crisis, with the severity determined by risk to the health, safety, and welfare of each applicant relative to that of the other applicants, as indicated by t…

(1) "Agency" or "APD" means the Agency for Persons with Disabilities. (2) "Basic Training" includes courses that any person who intends to become a Direct Service Provider for clients of the Agency must successfully complete before becoming a Direct Service Provider. (3) "Compete…

(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…

(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 individu…

In addition to the terms defined in Section 393.064, F.S., and for the purpose of this rule chapter, the following terms and phrases shall have the following meanings: (1) "Agency" is the Agency for Persons with Disabilities ("APD"). (2) "Caregiver" is defined as the person who p…

(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 …

(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 Prioriti…

(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 reque…

(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 …

(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-desi…

(1) "APD iConnect" or "iConnect" means the Agency for Persons with Disabilities' ("Agency") designated data management system as described in Section 393.066(2), Florida Statutes (F.S.), Chapter 65G-12, Florida Administrative Code ("F.A.C."), and the Florida Medicaid Developmenta…

(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 na…

(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. (…

(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%…

(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 s…

(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 a…

(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…

(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 …

(1) "Agency" means the Agency for Persons with Disabilities. (2) "Clearinghouse" means a database created and maintained by the Agency for Health Care Administration that allows the results of criminal history checks to be shared among specified agencies according to Section 435.…

(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 eff…

(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 violat…

(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…

(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…