Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65G - Agency for Persons with Disabilities
Chapter 65G-3 - TERMINATION, SUSPENSION OR REDUCTION OF CLIENT SERVICES BY SERVICE PROVIDERS
Section 65G-3.005 - Rules for Termination, Reduction, or Suspension of Services by the Provider
Universal Citation: FL Admin Code R 65G-3.005
Current through Reg. 50, No. 187; September 24, 2024
(1) TERMINATIONS AND REDUCTIONS
(a) If a provider determines that
he or she must terminate or reduce services the provider gives to a client, the
provider shall send written notice of intent to terminate or reduce services to
the client and their individual representative by certified mail or electronic
mail. The provider shall send the required notice to the Regional Office and
Support Coordinator via electronic mail.
1.
The provider may not terminate or reduce services until at least thirty
calendar days after the receipt of the notification by the client, individual
representative, Regional Office, and Support Coordinator.
2. If the client is not on the iBudget Waiver
pursuant to section 393.0662, F.S., notification is
only required to be given by the provider to the Regional Office, the client
and the client's individual's representative.
(b) Upon receipt of the notice from the
provider, the Support Coordinator shall:
1.
Evaluate the circumstances that led to the proposed termination or
reduction,
2. Determine what
actions, if any, should be taken to resolve the situation,
3. Immediately assist the client or the
client's individual representative in locating an alternate provider if
resolution is not acceptable to the client or provider or otherwise not
possible, and
4. Update the
client's support plan, cost plan and relevant service authorizations
accordingly.
(c) At the
request of the client or the client's individual representative, the Support
Coordinator shall arrange a meeting with the provider and the client or the
client's individual representative, to offer any recommendations to the client
and the provider in an effort to resolve the concerns that led to the issuance
of the notice of intent to terminate or reduce service. The meeting must be
arranged within five (5) calendar days of the client's or the individual
representative's request for the meeting.
(d) The Support Coordinator shall contact the
Regional Office immediately if the client and the client's individual
representative need assistance in locating an alternate provider at least 25
days prior to the effective date of termination or reduction in services. The
Regional Office will assist the client and the client's individual
representative in meeting the client's needs.
(e) If the termination is for services
provided in a licensed residential facility, the Regional Office shall
immediately work with the client's Support Coordinator to assist the client or
the client's individual representative in choosing an alternate place to live
before the date of termination.
(f)
If the client or the client's individual representative selects an individual
or entity to render the services who is not qualified to be that client's
provider, the Regional Office shall issue a notice to deny the client's
selection of provider choice within 30 calendar days of the client's
notification to the Regional Office. The notice shall identify:
1. Any alternate providers or service options
for the client that the Agency has determined are readily available;
2. The reason the Agency is denying the
client's selection of provider choice;
3. The specific statute or rule supporting
the denial; and
4. An explanation
of the client's administrative hearing rights pursuant to sections
393.125,
120.569, and
120.57,
F.S.
(2) SUSPENSIONS
(a)
Emergency
Suspension: A service provider may suspend services provided to a
client in a non-residential program when the behavior of the client constitutes
an immediate danger to health, safety, or welfare of the client, another
recipient of the provider's services, the provider, or a third party. If a
service provider suspends a client's services for this reason, the provider
shall give written notice of suspension to the client, the client's individual
representative, the client's Support Coordinator, and Regional Office at the
time of the suspension or thereafter, detailing reasons for the
suspension.
(b)
Other
Suspension: A service provider may suspend services provided to a
client in a non-residential program when the client's behavior interferes with
services provided to other recipients of the provider's services. If a service
provider initiates a suspension for this reason, the service provider shall
provide written notice of suspension from a non-residential program to the
client, the client's individual representative, the client's Support
Coordinator, and the Regional Office at the time of the suspension or
thereafter, detailing reasons for the suspension.
1. This type of suspension shall not exceed 3
service days.
2. If the client is
not on the iBudget Waiver pursuant to section
393.0662, F.S., notification is
only required to be given by the provider to the Regional Office, the client
and the client's individual's representative.
(c) The Support Coordinator shall ensure that
appropriate service coverage is available during the time of suspension and
update the support plan, cost plan, and relevant service authorizations
accordingly. The Support Coordinator shall contact the Regional office the day
the Support Coordinator receives notice of the suspension if assistance is
needed in securing alternate services or providers. The Regional Office will
assist the client and the client's individual representative in meeting the
client's needs.
(3) This rule does not apply to fading or other reduction of care set forth in the client's plan of care.
Rulemaking Authority 393.125(2), 393.501(1) FS. Law Implemented 393.125(2) FS.
New 12-10-91, Amended 5-19-93, Formerly 10F-8.031, 65B-8.031, Amended 6-4-19.
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