65E-5.353. Criteria and Procedures for Conditional, Suspension or Withdrawal of Designation of Receiving Facilities

(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 Designation may be withdrawn upon approval of the Department when it determines that it is more likely than not that any pattern of violations, or combination of violations, of Chapter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. History–New 11-29-98, Amended 4-4-05, 3-21-24.