Current through Reg. 50, No. 187; September 24, 2024
(1) After
the Department issues an initial designation, pursuant to
65E-5.350 and 65E-12, F.A.C.,
the Department has the ability to issue the following:
(a) Conditional Designation. A conditional
designation may be issued when the Department determines failure to meet one or
more of the standards for designation or maintenance of designation under this
chapter, and the provider is implementing a corrective action plan in response
to violations issued by the Department or the Agency for Health Care
Administration.
(b) Suspension of
Designation. When the Department determines that it is more likely than not
that a facility, or its related entities, has failed to consistently meet one
or more of the standards for designation or maintenance of designation under
this chapter, it may suspend designation pending corrective action plan
implementation. During the suspension period, no persons on involuntary status
may be admitted to the facility. No re-application for designation as a
receiving facility is required for reinstatement of designation.
(c) Withdrawal of Designation.
1. Designation may be withdrawn upon approval
of the Department when it determines that it is more likely than not that any
pattern of violations, or combination of violations, of Chapter 394, F.S., this
rule chapter, and Chapter 65E-12, F.A.C., exists such as deficient admission,
transfer or care practices, deficient observation or documentation of rights
abuses, deficient discharge practices, deceptive or misleading practices in
marketing, admission recruitment or referral practices; fraudulent clinical or
billing practices; or patient brokering is evident. Examples of such offenses
include violations by the facility, or parties acting on behalf of or in
concert with the facility, or acting under its supervision, having engaged in
deceptive, fraudulent, exploitative, abusive, or neglect type violations of
Florida law, including Chapters 394 and 415, F.S., Sections
817.505 and
458.331, F.S.
2. Upon re-application after withdrawal of
designation, the Department must have clear and convincing evidence that the
problems with the facility, or its practitioners, leading to withdrawal of
designation have been corrected and will not reoccur. This may include required
internal and external monitoring to document continued satisfactory
performance.
(2) The Department shall continuously collect
and monitor information relative to complaints or allegations against
designated facilities from sources such as individuals, local advocacy or
self-help groups, local organizations including law enforcement, the Agency for
Health Care Administration, and the Florida Local Advocacy Council.
(3) A corrective action plan (CAP) must be
completed to address any violations identified by the Department.
(4) The facility must submit a written
corrective action plan (CAP) to the Department within seven calendar days from
the date of written notification of violations. The CAP must be signed by the
executive director or designee of the provider.
(a) The CAP shall include the following:
1. Identify the violation;
2. The actions the facility will take to
correct each of the violations identified;
3. The date by which the violation shall be
corrected; and
4. The actions the
facility will take to ensure the violation identified does not occur
again.
(b) Unless a date
is directed or extended by the Department, the date to resolve the violation
shall not exceed 30 days from the date of the written notification of the
violation..
(5) The
Department will reject any proposed corrective action plan that fails to
identify all the information described in subsection (4) of this rule or
reflects a plan of action that does not address the violation(s). If the
Department rejects a proposed corrective action plan, the Department shall
notify the provider in writing of the reasons for rejection and require the
provider to submit an amended corrective action plan addressing the violation
or violations within five calendar days of receipt of the Department's notice
rejecting the corrective action plan.
Rulemaking Authority
394.461(6) FS.
Law Implemented 394.461
FS.
New 11-29-98, Amended 4-4-05,
3-21-24.
