Florida Administrative Code

(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…

(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 applicati…

(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 mentorin…

(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 violatio…

(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…

(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 m…

(1) A business may apply to the Agency for designation as a Florida Unique Abilities Partner by submitting a completed Florida Unique Abilities Partner Program Application Form, UAP-1, http://www.flrules.org/Gateway/reference.asp?No=Ref-07593, effective date: December 2016, which…

For the purposes of this chapter, the term: (1) "Adult Day Training Program" means the same as in section 393.063, F.S. (2) "Agency" means the Agency for Persons with Disabilities. (3) "Applicant" means a person or entity that has submitted a written application to the Agency for…

(1) Providers required to be licensed under section 393.067, F.S., to provide services must maintain a valid current license issued by the Agency. (2) Application. All applications for initial licensure as well licensure renewal must be submitted using License Application Form 65…

(1) Application Required. A license to operate a facility or program is not assignable or transferable and is valid only for the individual, entity, premises, and purposes specified on the license. (2) The transferring facility or program is the licensee, and the receiving or tra…

The Agency shall determine the length of a program or facility's license based on the following: (1) A one year license shall be issued to residential facilities and a three-year license shall be issued to adult day training programs which meet all applicable licensing criteria. …

Rulemaking Authority 393.067 FS. Law Implemented 393.067 FS. History-New 8-13-78, Amended 4-17-80, Formerly 10F-6.07, 10F-6.007, 65B-6.007, Repealed 1-19-16.

(1) The Agency shall conduct ongoing monitoring of each facility or program, either unannounced or announced, in order to ensure the facility or program is in full compliance with the applicable requirements of chapter 393, F.S., and Agency rules. Each monitoring checklist shall …

(1) Notice of Noncompliance. (a) The Agency shall issue a Notice of Noncompliance as provided under section 120.695, F.S., in response to the first occurrence of a minor violation unless corrected before the completion of the on-site monitoring which identified the minor violatio…

(1) Under a final order of the Agency, the Agency shall impose disciplinary action against a licensee for the violation of any facility or program standard as provided in chapter 393, F.S., or the Agency's rules. First offenses of minor violations will be issued a Notice of Nonco…

(1) The Agency shall deny an application for licensure if: (a) the applicant fails to provide the Agency with a complete application for licensure and has failed to respond to the Agency's request for the missing information by the deadline set by the Agency; (b) the applicant or…

(1) Maximum number of residents in each facility. (a) A facility shall not serve more clients than the maximum capacity, as stated on the license. (b) The licensed capacity shall be determined by the Agency after consideration of the following, as described in Rule 65G-2.007, F.A…

(1) Facility name and identification. (a) No facility may be referred to or use names such as "nursing facility" or "rest facility" unless it is a nursing facility licensed under chapter 400, F.S. (b) No facility may use the word "school" in its name unless there is a state or co…