65E-16.004. Sanctions  


Effective on Thursday, September 19, 2019
  • 1(1) If an IPMP provider is not in compliance with the requirements in Chapter 65E-16 F.A.C. and Chapters 465 and 499, Part I, F.S., and the violation does not present a threat to the health, safety, or welfare of an individual or the public, the Department shall:

    48(a) Provide a notice of noncompliance to the provider as the first enforcement action taken; and

    64(b) Require a corrective action plan from the Managing Entity and the IPMP provider within 10 business days from receipt of the notice of noncompliance. 89The severity of the noncompliance may affect the period of time allowed for correction, but in no event shall the corrective action period exceed 90 days. 

    115(2) When the violation does present a threat to the health, safety, or welfare of an individual or the public:

    135(a) The Department will require a corrective action plan from the Managing Entity and the IPMP provider within 10 business days from receipt of the notice of noncompliance. The corrective action plan must include a procedure to ensure that individuals who participate in IPMP continue to have access to psychiatric medications; and

    187(b) The Department will impose an immediate moratorium on IPMP prescriptions; and

    199(c) I201n no event shall the corrective action period exceed 90 days.

    212(3) Notice of the moratorium shall be posted and visible to the public at the location of the provider until the action is lifted.

    236(4) Each Managing Entity will terminate participation of an IPMP provider from this Program for:

    251(a) False representation or omission of information relevant to approving a provider to participate in the Program.

    268(b) An intentional or negligent act materially affecting the health or safety of an individual receiving IPMP services from the provider.

    289(c) A demonstrated pattern of deficient performance.

    296(5) If an IPMP provider’s contract is terminated for cause by the Managing Entity, or if the provider is terminated from participation in the Program, the IPMP provider is barred from submitting any request to participate in this Program to the Managing Entity for a period of one (1) year after the termination.

    349Rulemaking Authority 351394.676(2) FS. 353Law Implemented 355394.676 FS. 357History–New 9-19-19.