Fla. Admin. Code Ann. R. 65D-30.0037 - Department Licensing Procedures

Current through Reg. 48, No. 66; April 5, 2022

(1) Department Licensing Procedures. The regional offices shall be responsible for licensing providers operating within their geographic boundaries but are not prohibited from reviewing applications or conducting audits of service providers outside the boundary.
(a) Application Process. The regional offices shall process all new and renewal applications for licensing and shall notify both new and renewal applicants in writing within 30 business days of receipt of the application that it is complete or incomplete. Where an application is incomplete, the regional office shall specify in writing to the applicant the items that are needed to complete the application. Following receipt of the regional office's response, the applicant shall have 10 business days to submit the required information to the regional office. If the applicant needs additional time to submit the required information, it may request such additional time within five (5) business days of the deadline for submitting the information. Within five (5) business days of receipt of the request, the regional office shall approve the request for up to an additional 30 business days. Any renewal applicant that fails to meet these deadlines shall be assessed an additional fee equal to the late fee provided for in subsection 397.407(3), F.S., $100 per licensed component for each specific location. If the applicant is seeking a new license and fails to meet these deadlines, the application and all fees shall be returned to the applicant unprocessed.
(b) Licensing Inspection. The regional office may conduct announced or unannounced on-site licensing inspections pursuant to section 397.411, F.S. Prior to any scheduled inspection, the regional office shall notify the applicant of its intent to conduct an on-site licensing inspection or electronic file review and of the proposed date of the inspection. The regional office shall include the name(s) of the authorized agents who will conduct the inspection and the specific components and facilities to be inspected. This notification, however, shall not prohibit the regional office from inspecting other components or facilities maintained by a provider at the time of the review.
(c) Licensing Determination. A performance-based rating system shall be used to evaluate a provider's compliance with licensing standards. Providers shall attain at least 80 percent compliance overall on each component reviewed. This means that each set of standards within each facility operated by a provider is subject to the 80 percent compliance requirement. If any set of standards within a facility falls below 80 percent compliance, an interim license will be issued for that component. In addition, there may be instances where a component is rated at an 80 percent level of compliance overall but is in substantial noncompliance with standards related to health, safety, and welfare of individuals or staff. This includes significant or chronic violations regarding standards that do not involve direct services to individuals. In such cases, the regional office shall issue an interim license to the provider or take other regulatory action as permitted in section 397.415, F.S.
(d) Notifying Providers Regarding Disposition on Licensing. In the case of new and renewal applications, the regional office shall give written notice to the applicant as required in section 120.60(3), F.S., that the regional office has granted or denied its application for a license. In the case of new applicants, this shall occur within the 90-day period following receipt of the completed application. In the case of renewal applicants, this shall occur prior to expiration of the current license.
(e) Reports of Licensing Inspections. The regional offices shall prepare and distribute to providers a report of licensing inspections that shall include:
1. The name and address of the facility;
2. The names and titles of principal provider staff interviewed;
3. An overview of the components and facilities inspected and a brief description of the provider;
4. A summary of findings from each component and facility inspected;
5. A list of noncompliance issues, if any, with rule or statutory references and a request that the provider submit a plan for corrective action, including required completion dates;
6. Recommendations for issuing a probationary, a regular, or an interim license and recommendations regarding other actions permitted under chapter 397, F.S.; and
7. The name and title of each authorized agent of the Department.
8. If the criteria established for a licensable component are not met, deficiencies must be classified according to the nature and scope of the deficiency and cited as isolated, patterned, or widespread. The type must be identified on the licensing inspection.
(f) Distribution of Licenses and Notices. For new and renewal applications, regional offices shall send providers a written, signed license along with the written notice as described in subparagraph 4 of this section. Additionally, any adverse action by regional offices (e.g., issuance of an interim license, license suspension, denial, revocation, fine or moratorium) shall be accompanied by notice of the right of appeal as required by chapter 120, F.S.
(g) Content of Licensing Records. The regional offices shall maintain current electronic licensing files on each provider licensed under chapter 397, F.S. The contents of the files shall include those items submitted to the Department, as required in subsections 65D-30.0036(1) -(3), F.A.C., as appropriate, and subparagraph 65D-30.0037(1)(a) 5., F.A.C. All documentation and updates will be entered into the Department approved database within 35 business days of changes to the applicant or provider status to ensure contents of licensing records are current.
(h) Listing of Licensed Providers. The regional offices shall maintain a current listing of all licensed providers by components, with license expiration dates as required by section 397.6774, F.S.
(i) Complaint Log. The regional offices shall electronically document all complaints regarding providers in the data system approved by the Department. Documentation shall include the date the complaint was received, dates review was initiated and completed, and all findings, penalties imposed, fines collected, reports to other licensing or credentialing entities, and other information relevant to the complaint.
(j) Publishing Provider Information. A list of licensed providers shall be published to the Department's website. The list shall include provider name(s), address(es), contact information, number of beds for inpatient services, inspection score, and other information the Department deems useful to the public.
(2) Closing a Licensed Provider. Pursuant to chapter 120, F.S., providers shall notify the Department in writing at least 30 days prior to ceasing operation. The provider, with the Department's assistance, shall attempt to place all individuals being served in need of care with other providers along with their clinical records and files. The provider shall notify the Department where the clinical records and files of previously discharged individuals are and where they will be stored for the legally required period. A service provider may not engage in patient brokering as established in section 397.55(2), F.S.
(3) Approval of Overlay Services.
(a) Qualifying as Overlay Services. A provider that is licensed under chapter 397, F.S., to provide day or night treatment, intensive outpatient treatment, outpatient treatment, aftercare, or intervention is permitted to deliver those component services at locations which are leased or owned by an organization other than the provider, but not by another provider. The aforementioned component services may be delivered under the authority of the provider's current regular license for that component service so that the alternate location will not require a license. To qualify, overlay services shall be provided on a regular or routine basis over time, at an agreed upon location.
(b) Procedure for Approving Overlay Services.
1. The provider shall submit a request to provide overlay services and applicable fee to the Department, including:
a. A description of the services to be provided;
b. The manner in which services will be provided;
c. The number of days each week and the number of hours each day each service will be provided;
d. How services will be supervised; and
e. The location of the services.
2. The Department shall notify the provider within 30 business days of receipt of the request to provide overlay services of its decision to approve or deny the request and, in the case of denial, reasons for denying the request in accordance with subparagraph 3.
3. The Department shall deny the request to provide overlay services if it determines that the provider did not address the specific items in subparagraph 1., or is currently operating under less than a regular license.
4. In cases where the request to provide overlay services is approved, the Department shall clearly specify the licensed component that will be provided as overlay.
(c) Special Requirements.
1. Services delivered at the alternate site must correspond directly to those permitted under the provider's current license.
2. Information on each individual involved in an overlay service must be maintained in a manner that complies with current licensing requirements.
3. Overlay services are subject to all requirements of the corresponding level of licensure and are subject to inspection by the Department.
4. Overlay services may only be provided at the locations specified by the Department in the approval letter.
(4) Licensing of Department of Juvenile Justice Commitment Programs and Detention Facilities. In instances where substance use services are provided within Juvenile Justice Commitment Programs and detention facilities, such services may be provided in accordance with any one (1) of the four (4) conditions described below:
(a) The services must be provided for the appropriate licensable service component as defined in subsection 65D-30.002(17), F.A.C;
(b) The services must be provided by employees of a service provider licensed under chapter 397, F.S;
(c) The services must be provided by employees of the commitment program or detention facility who are qualified professionals licensed under chapter 458, 459, 490, or 491, F.S.; or
(d) The services must be provided by an individual who is an independent contractor who is licensed under chapter 458, 459, 490, or 491, F.S.
(5) Licensing of Department of Corrections Inmate Substance Abuse Programs. Inmate substance abuse services shall be provided within inmate facilities operated by or under contract with the Department of Corrections, or Department of Management Services, as specifically provided for in these rules. The inmate facility is licensed under chapter 397, F.S., in accordance with the requirements in rule 65D-30.004, F.A.C., and the appropriate component under rule 65D-30.007, 65D-30.009, 65D-30.0091, 65D-30.010, 65D-30.011, 65D-30.012, or 65D-30.013, F.A.C.

Notes

Fla. Admin. Code Ann. R. 65D-30.0037

Rulemaking Authority 397.321(5) FS. Law Implemented 397.321(6), 397.4014, 397.403, 397.407, 397.410 FS.

Adopted by Florida Register Volume 45, Number 157, August 13, 2019 effective 8/29/2019.

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