Current through Reg. 50, No. 187; September 24, 2024
(2) Definitions.
(a) "Acquisition cost" of an item means the
net invoice price of the item including the cost of modifications, attachments,
accessories, or auxiliary apparatus necessary to make the equipment usable for
the purpose for which it was acquired, subject to the following special
considerations:
1. An item's acquisition cost
may include ancillary costs related to the acquisition; such as installation,
transportation, taxes, duty or transit insurance, if the organization's
standard accounting practice identifies such ancillary charges as acquisition
costs.
2. If an item is purchased
by trading in another item, the acquisition cost shall include the amount
received for trade in plus any additional outlay.
3. The acquisition cost of an item of real
property shall include the net price for purchase, construction or fabrication
of the property; and shall exclude the cost of rental, alterations or
renovations to the property.
(b) "Adult Family Members of the Household"
means persons 18 years or older who are related by birth, marriage, or adoption
and who live together in the same household.
(c) "Approved budget" means a budget,
including any revised budget, which has been approved by the contractor's or
subcontractor's governing body and, where required, the department or Managing
Entity.
(d) "Audit" means a single
or program-specific audit in accordance with 2 C.F.R. §§
200.0 -.521,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, (January 1, 2014),
http://www.flrules.org/Gateway/reference.asp?No=Ref-06630,
herein incorporated by reference, as specified in subsection
65E-14.003(1),
F.A.C., and Section 215.97, F.S.
(e) "Client Fees" means compensation received
by a service provider for services rendered to a specific individual from any
source of funds, including local, state, federal and private sources.
(f) "Covered Service" means a grouping of
services that are similar in time, intensity, and function, and whose cost is
generally the same.
(g) "Equipment"
means fixtures and other tangible personal property of a non-consumable and
nonexpendable nature, the value of which is $5, 000 or more and the normal
expected life of which is one year or more; and hardback-covered bound books
that are circulated to students or the general public, the value or cost of
which is $25 or more, and hardback-covered bound books, the value or cost of
which is $250 or more; and intangible data processing applications and/or
computer software, regardless of its value. The value of donated equipment
shall be based upon the item's market value at the time of donation.
(h) "Facility" means land and buildings or
any portion thereof, equipment, individually or collectively, or any other
tangible capital asset, wherever located, and whether owned or leased by the
organization.
(i) "First Party
Payer" means the individual receiving services.
(j) "Individual, " means a person of any age
who receives substance abuse or mental health services from an entity subject
to the provisions of this chapter. For the purposes of this chapter,
"individual" has the same meaning as "client, " "patient" or "person" as used
throughout chapter 394 or 397, F.S.
(k) "Matching" means the value of third-party
funds and in-kind contributions and resources received, expended and identified
by a service provider operating under a contract with the department or a
service provider operating under a subcontract with a Managing Entity to defray
an amount established by statute or funding source of allowable costs of
operating SAMH-funded programs pursuant to this chapter.
(l) "Ownership costs" means those costs
incurred in relation to ownership of real and tangible personal property,
including allowable interest, depreciation, taxes, insurance and normal
maintenance.
(m) "Plan of care"
means a plan developed by the service provider and the person served which
delineates goals for the person served and the services to be provided to meet
those goals. This includes, but is not limited to, recovery plans, service
plans, treatment plans, and case management plans.
(n) "Program income" means income earned by a
service provider for activities where part of the cost of those activities is
paid for by the department. Program Income does not include:
1. Revenues raised by a government contractor
under its governing powers, such as taxes, special assessments, levies, fines,
and fees, or
2. Tuition and related
fees received by an institution of higher education for a regularly offered
course taught by an employee of the SAMH-Funded Entity.
(o) "Programs" mean the Adult Substance
Abuse, Children's Substance Abuse, Adult Mental Health, and Children's Mental
Health programs administered by the Department of Children and
Families.
(p) "Real property" means
land, building, appurtenances thereto, fixtures and fixed equipment,
structures, including additions, replacements, major repairs and renovations to
real property which materially improve or change its functional use.
(q) "Regional plan" means the combination of
all substance abuse and mental health plans applicable to districts within each
region as approved by the department's SAMH regional administrator and
governing bodies in accordance with section
394.75, F.S.
(r) "Related party" means an entity's
business affiliates, officers and directors and their family members;
employees; investors whose investments are accounted for by the equity method;
employee benefit trusts that are managed by or under the trusteeship of the
entity's board or management; and parties with which the entity may deal if one
party controls or can significantly influence the management or operating
policies of the other to an extent that one of the parties would be prevented
from fully pursuing its own separate interest.
(s) "Substance Abuse and Mental Health
(SAMH)-Funded Entity" means an entity under contract with the department or
subcontracting with a department contractor, which receives public funds
legislatively appropriated to the department to provide community substance
abuse or mental health services. This definition specifically includes
behavioral health Managing Entities as defined in section
394.9082, F.S., service
providers operating under a contract with the department, and service providers
operating under a subcontract with a Managing Entity.
(t) "Second Party Payer" or "Responsible
Party" means any person legally responsible for the financial support of the
individual receiving services, and may include parents of a minor, a spouse, a
guardian, representative payee or trustee in a fiduciary capacity for handling
benefit payments, trusts and estates established or received for the financial
support of the individual served.
(u) "Service Provider" as defined in Section
394.455 or
397.311, F.S.
(v) "Sliding Fee Scale" means a schedule of
fees for identified services based on a uniform schedule of discounts deducted
from a service provider's established client charges pursuant to section
394.674(4)(a),
F.S.
(w) "Supplies" means all
tangible personal property other than "equipment" as defined in this
chapter.
(x) "Third-party in-kind
contribution" means property or services which benefit a state-supported
service program or project, and which are contributed by non-state and federal
third parties without charge to the SAMH-Funded Entity.
(y) "Third Party Payer" means commercial
insurers such as workers' compensation, TRICARE, Medicare, Health Maintenance
Organizations, Managed Care Organizations, or other payers liable, to the
extent that they are required by contract or law, to participate in the cost of
providing services to a specific individual.
Rulemaking Authority
394.74,
394.78(1),
394.9082(3),
397.321(5) FS.
Law Implemented 394.74,
394.77,
394.9082,
397.481 FS.
New 2-23-83, Amended 2-25-85, Formerly 10E-14.01, Amended
7-29-96, Formerly 10E-14.001, Amended 7-1-03, 12-14-03, 1-2-05, 7-27-14,
4-27-16, 1-31-23.