Current through Reg. 50, No. 187; September 24, 2024
(1) Criteria and Operating Procedures. This
requirement applies to addictions receiving facilities, inpatient and
outpatient detoxification, intensive inpatient treatment, residential
treatment, day or night treatment with community housing, day or night
treatment, outpatient treatment, intervention, intensive outpatient, and
methadone medication-assisted treatment for opioid addiction. Providers shall
have operating procedures that clearly state the criteria for admitting,
retaining, transferring, and discharging individuals. This includes procedures
for implementing these placement requirements.
(2) Individuals must be assessed prior to
admission to a service component to determine level of service need and choice
of the individual. If the provider completing the assessment does not offer the
service needed, the provider must refer the individual to the assessed level of
care.
(3) Primary Counselor,
Orientation, and Initial Treatment Plan. This requirement applies to addictions
receiving facilities, detoxification, intensive inpatient treatment,
residential treatment, day or night treatment with community housing, day or
night treatment, intensive outpatient treatment, outpatient treatment, and
methadone medication-assisted treatment for opioid addiction.
(a) Primary Counselor. A primary counselor
shall be assigned to each individual placed in a component. This standard does
not apply to detoxification and addictions receiving facilities.
(b) Orientation. Each individual served must
receive an orientation to the program at the time of admission and upon
request. The orientation shall be in a language the individual or his or her
representative understands. The individual's acknowledgement of the orientation
and receipt of required information must be documented in the clinical record.
The orientation shall include:
1. A
description of services to be provided;
2. A copy of the individual's rights pursuant
to chapter 397, part III, F.S.;
3.
A summary of the facility's admission and discharge policies;
4. A copy of the service fee schedule,
financial responsibility policy, and applicable fees;
5. Written rules of conduct for individual's
served which shall be reviewed, signed, and dated;
6. A copy of the grievance process and
procedure;
7. General information
about infection control policies and procedures;
8. Limits of confidentiality;
9. Information on parental or legal
guardian's access to information and participation in treatment; and
10. Information regarding advance directives
which delineate the facility's position with respect to the state law and rules
relative to advance directives.
(c) Individuals may not be retained in a
facility when they require services beyond those for which the facility is
licensed or has the functional ability to provide, as determined by the Medical
Director in consultation with the facility chief executive officer or
designee.
(4) Transfer
and Discharge. Providers must ensure safe and orderly transfers and discharges
in accordance with the facility's policies and procedures and in compliance
with 42 CFR Part 2.
(a) Inpatient and
residential providers shall not discharge an individual prior to treatment
completion based on inability to pay. With consent of the individual, the
provider may transfer the individual to a state-funded provider with capacity
to accept and treat the individual.
(b) Inpatient and residential facilities must
provide individuals and their guardians a minimum of 72 hours' notice of
proposed transfer or discharge, except, in the following circumstances, the
facility shall give notice as soon as practicable before the transfer or
discharge:
1. The transfer or discharge is
necessary for the individual's welfare and the individual's needs cannot be met
by the facility, and the circumstances are documented in the individual's
clinical record;
2. The health or
safety of other program participants or facility staff would be endangered, and
the circumstances are documented in the individual's clinical record;
or
3. The individual leaves against
medical advice.
Rulemaking Authority
397.321(5) FS.
Law Implemented 397.321,
397.410
FS.
New 8-29-19.
