Published on: 25916962. variance and/or waiver of subsection 65G-2.002(7), Florida Administrative Code, from Damaris Care, Inc., Petitioner. Subsection (7) of the Rule states, "A license to operate a facility is not assignable and is valid only ....
Published on: 24233818. on December 10, 2020, the Agency received a petition for variance and/or waiver of subsection 65G-2.002(7), Florida Administrative Code (“F.A.C.”), from Ms. Angela Edwards on behalf of Damaris Place Group Home (“Petitioner”). ....
Published on: 24018963. variance and/or waiver of Rule 65G-2.002(7), Florida Administrative Code, from Ms. Angela Edwards, Petitioner. (7) of the Rule states, "A license to operate a facility is not assignable and is valid only for the applicant ....
Published on: 22944785. The purpose and effect of the rule amendments is to clarify the application and renewal procedures for facilities licensed by the Agency for Persons with Disabilities (“Agency”) under chapter 393, Florida Statutes; establish additional requirements for Agency-licensed facilities to ensure the health and safety of residents; clarify existing requirements for Agency-licensed facilities; delineate the range of disciplinary actions the Agency may take in response to violations of the Agency’s licensing rules and statutes; and delineate aggravating and mitigating factors that the Agency will consider when determining appropriate disciplinary action in response to violations of the Agency’s licensing rules and statutes.
Published on: 22715089. That on October 17, 2019, the Agency for Persons with Disabilities (“Agency”) received a petition for a variance from subsection 65G-2.002(7), Florida Administrative Code, from Damaris Place Group Home (“Petitioner”). The Agency published notice in the Florida Administrative Register on October 29, 2019 in volume 45/211. Subsection 65G-2.002(7), F.A.C. provides, “A license to operate a facility is not assignable and is valid only for the applicant identified on the application, and for the premises and purposes specified on the license.” Petitioner indicated that the variance is sought in order to allow an Agency client who is blind and incontinent to receive personal care and respite services from Petitioner, which is licensed to provide residential habilitation services. This client spends days but not nights at Petitioner’s group home and is therefore not a “resident.” This client tried attending adult day training (“ADT”) facilities in the area but they were unable to meet his needs. The client, who is blind, has been receiving services from Petitioner for five years and has become familiar with the landscape of the group home and is comfortable with its staff and residents. Additionally, the residents and their guardians are satisfied with the services provided by Petitioner and have no issues with the client remaining in the group home during the day. The Agency agrees that strict application of the rule would cause a significant hardship to the extent that it would disrupt the relationship Petitioner has developed with this client and require him to either reside overnight at the group home (rather than return to his family’s home) or find an ADT facility capable of meeting his needs. The purpose of the underlying statute is also achieved by this arrangement, which is to require uniform minimum standards for facilities and programs licensed under s. 393.067(1), Florida Statutes, to ensure appropriate care is provided to all residents and Agency clients. The variance shall be effective January 1, 2020 and will expire on December 31, 2020, subject to annual renewal every calendar year starting January 1st pending receipt of a new petition.
Published on: 22547182. Medicaid variance and/or waiver of Rule 65G-2.002(7), Florida Administrative Code, from Ms. Angela Edwards, Petitioner. The rule states in part that, "A license to operate a facility is not assignable and is valid only for the applicant identified on the application, and for the premises and purposes specified on the license." The Petitioner seeks a waiver or variance from this portion of Rule 65G-2.002(7), F.A.C.