Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions.
(a) "Participant" means a customer or client
of the Florida Division of Vocational Rehabilitation (DVR) who meets the
definition of a 'vulnerable person' in section (s.) 435.02, Florida Statute
(F.S.).
(b) "Proven Functional
Systems" means an internal method of a service provider, as defined in s.
413.20, F.S., for managing and
storing information that must, at a minimum, track:
1. Participant names;
2. Service provided to each client, including
dollar amounts for each service type;
3. Start and end date of each service
provided to each participant;
4.
Fiscal data that includes information on monetary compensation that DVR has
paid to the service provider for each participant; and
5. Communication and technical assistance
received by service provider staff from DVR related to service provision or
payment.
(c) "Internal
System of Quality Assurance" means internal procedures that must document the
effectiveness of each service provided to each participant.
(d) "Due-Diligence Inquiry" means any request
from DVR to a service provider for information relating to the administration
and provision of services to each participant and may include on-site
inspection and observation of service provision.
(e) "Sub-contract" means the provision of
contractual services pursuant to s.
287.012, F.S. that is not
rendered directly by a contractor or its direct employee(s). The hiring of an
independent contractor by a service provider to complete contracted work or
services is considered subcontracting.
(f) "Fee-for-Service Provider" means a
service provider, pursuant to the definition in s
413.20, F.S., who is actively
registered with DVR and has an executed Fee-for-Service Provider Contractual
Agreement with DVR.
(2)
Registration process.
(a) Fee-for-Service
Provider Application Process:
1. Submit a
Service Provider Registration Application with DVR and all documentation
required by the application;
2.
Once DVR has notified a service provider of the approval of the application,
the service provider must submit a signed DVR Fee-for-Service Provider
Contractual Agreement and all documents mentioned therein;
3. A Fee-for-Service Provider is not deemed
registered until the Division has notified the service provider of the
acceptance and execution of the Fee-for-Service Provider Contractual Agreement,
which must contain the following:
a.
Requirements specific to Fee-for-Service Provider due-diligence inquires,
monitoring, audits, inspections and investigations;
b. Fee-for-Service Provider requirements
regarding confidentiality of client information;
c. Indemnification requirements for service
providers;
d. General Liability
Insurance requirements;
e.
Background check requirements listed in s.
413.208, F.S.;
f. Sub-granting and/or subcontracting
requirements;
g. Timelines for
submission of requests for payments in alignment with period of performance
requirements;
h. Section 501(c)(3)
requirements;
i. Contract term that
includes the date that the contract is effective and the date the contract
shall terminate. Contract termination terminates a service provider's
registration;
j. Agreement
documents to which the registered Fee-for-Service Provider agrees to be bound
that include the following:
(I) DVR's Provider
Code of Conduct;
(II) The Service
Provider Manual;
(III) The
Programmatic Operations Resource Guide (PORG); and
k. Any other requirements per state or
federal law for contracted service providers.
(b) Special Contract Application Process.
Please contact the DVR special contracts unit.
(3) Conditions for Fee-for-Service Provider
registration suspension and revocation:
(a)
Multiple failures to submit requests for payments within the allowable period
of performance;
(b) Failure to
provide documentation or information pursuant to a DVR due-diligence
inquiry;
(c) Failure to maintain
proven functional systems as defined in paragraph (1)(b);
(d) Failure to maintain internal systems of
quality assurance as defined in paragraph (1)(c);
(e) Any violation of the documents contained
in subsection (2).
(4) A
Fee-for-Service Provider must be able to provide evidence of proven functional
systems and quality assurance in accordance with subsection (1) upon request of
the Division within fifteen (15) business days of a request. Failure to do so,
or evidence of offenses listed in subsection (3) of this rule will be cause for
registration denial, suspension or revocation. If a fee-for-service provider is
found to have committed a violation listed in subsection (3), the service
provider may be subject to any of the following:
(a) A Notice of Noncompliance, which, once
sent, provides the service provider fifteen (15) days to correct the
violation.
(b) A Notice of
Suspension, which notifies the service provider of a suspension of their
registration and may include a requirement of the submission of a corrective
action plan for reactivation as a service provider.
(c) A Notice of Revocation, which notifies
the service provider that registration as a DVR service provider has been
revoked.
(6) The Division
reserves the right to increase any penalty depending on the number of
violations, previous history of violations, or severity of any alleged
violation.
(7) Fee-for-Service
Providers are not permitted to sub-contract unless written authorization is
given by the Director of Vocational Rehabilitation. DVR criteria for the
evaluation and granting of sub-contracts shall include criteria and
requirements contained in subsection (2), alignment with requirements in state
and federal law specific to allowable use of funds and reporting and impact on
the service provider's ability to maintain proven functional systems as defined
in paragraph (1)(b) as well as internal systems of quality assurance as defined
in paragraph (1)(c). Any approved subcontractor shall be subject to the
requirements in subsection (2).
(8)
Fee-for-Service Providers operating under an executed Fee-for-Service Provider
Contractual Agreement are prohibited from receiving DVR funds for any services
providing a class or coursework that is for credit within a school, as defined
in ss. 1002.01 and
1003.01, F.S., that receives
federal or state funding.
(9) The
following forms and documents are incorporated by reference into this rule, to
become effective February 2024, and may be obtained from the Division of
Vocational Rehabilitation, 325 West Gaines Street, Tallahassee, Florida 32399
(a) Form DVR-FFSPA-2024, Division of
Vocational Rehabilitation Fee-for-Service Provider Application (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16368);
(b) Form DVR-FFSPCA-2024, Vocational
Rehabilitation Fee-for-Service Provider Contractual Agreement (Service
Provider) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16369);
(c) Form DVR-FFSPCC-2024, Division of
Vocational Rehabilitation Fee-for-Service Provider Code of Conduct (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16370);
(e) Form DVR-PORGH-2024,
Programmatic Operations Resource Guide Handbook (
http://www.flrules.org/Gateway/reference.asp?No=Ref-16372).
Rulemaking Authority
413.22 FS. Law Implemented
413.208
FS.
New 2-20-24.
