65E-5.350. Eligibility Criteria and Procedures for Designation of Receiving Facilities

(1) Facilities shall not begin to hold or treat involuntary an individual under a Baker Act until licensed by AHCA and designated in accordance with this rule chapter and with Chapters 394 or 395, F.S.

(2) The following types of facilities are authorized to provide acute psychiatric treatment and are eligible to apply for designation as receiving facilities:

(a) Hospitals;

(b) Crisis Stabilization Units (CSU);

(c) Children’s Crisis Stabilization Units (CCSU); and

(d) Short-term Residential Treatment Facilities (SRT) connected to a county or regional Behavioral Health Receiving System, and are programmatically integrated with a designated CSU or CCSU.

(3) Designated receiving facilities shall contribute data to the Florida Health Information’s Exchange Encounter Notification Services through AHCA.

(4) Application and Supporting Documentation for Designation as a Receiving Facility. An applicant must complete and submit form CF-MH 3125, (July 2023), “Application for Designation as a Receiving Facility,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15801. Applications may be submitted through the Department’s statewide electronic licensing and designation system.

(5) Application for Renewal of Designation or Change of Address.

(a) An application for renewal designation must be submitted for every 3 calendar years, after approval of initial applications or 90 calendar days in advance of the relocation of a facility to a new address.

(b) The application for renewal designation shall be submitted to the Department at least 60 calendar days prior to the expiration of its existing designation.

(c) An application for re-designation must be submitted by a facility to the Department within 30 calendar days of a change of ownership, controlling ownership of the facility or of the contractual management entity for the psychiatric service.

(d) Any change in the name of a facility, that remains under the same ownership and management, must be reported in writing to the Department’s regional office within 30 calendar days after the effective date of the change. Upon receipt of the notification, the Department will issue a letter confirming receipt of the notification and extending designation until a replacement certificate of designation showing the correct facility name is received by the facility.

(6) Certificate of Designation.

(a) Upon approval by the Secretary or the Secretary’s designee, the Department shall issue a Certificate of Designation which shall include the following information on its face.

1. Effective date and expiration date,

2. Name of the owner and licensee as stated on the facility license issued by AHCA; and,

3. Street address of where services are provided.

(b) The certificate shall be prominently displayed to the general public at the service site.

(7) Facilities shall provide the Department with a written notice 120 days prior to surrendering their designation and shall include a written transition plan to minimize disruptions in access to crisis care in the community. At a minimum the transition plan shall address the following:

(a) The specific reasons for surrendering the designation as a receiving facility;

(b) Collaborative plan with the regional managing entity and surrounding counties to ensure continuity of crisis care in the community;

(c) The date when the receiving facility will no longer accept admissions for Baker Act examinations;

(d) Identification of any agreements with other receiving facilities to accept transfers or expand bed capacity; and

(e) Identification of any agreements with other community providers to refer individuals to hospital diversion programs such as short-term residential treatment, Community Action Teams, or Florida Assertive Community Treatment.

Rulemaking Authority 394.461(6) FS. Law Implemented 394.461 FS. History–New 11-29-98, Amended 4-4-05, 8-31-23, 12-28-23.