65H-1.017. Monitoring and Evaluation

The Department or contracted entity will monitor each certified center to evaluate compliance with the minimum standards provided in this rule chapter and in Section 39.905, F.S.

(1) To conduct evaluations, the Department or contracted entity shall have access to a center or subcontractor, its location, records relevant to the operation of said center or subcontractor, records of participants served, and any other information necessary for evaluation of compliance with this rule chapter and Section 39.905, F.S.

(2) The evaluation shall occur annually, through an on-site visit or desktop review, as determined by the Department or contracted entity. However, an evaluation may occur at any time there is a complaint to the Department or contracted entity. The contracted entity and the Department must be granted access to enter and inspect a center as provided in Sections 39.903 and 39.9035, F.S.

(3) Within 60 days after the evaluation, the provider will receive a written report from the Department or contracted entity detailing whether or not standards have been met. If any deficiencies were cited, the provider will be given ten business days from the date of the written report to submit a corrective action plan. The corrective action plan is subject to approval by the Department or contracted entity. The 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. Follow up visits or a desk review will be made by the Department or contracted entity to determine if the plan of correction is acceptable, has been implemented, or completed.

(4) The Department will renew a center’s annual certification based upon receipt of a favorable monitoring report issued by the Department or contracted entity as provided in Section 39.903(2), F.S.

(a) A favorable monitoring report means the Department or contracted entity has determined a center is in compliance with the requirements of this rule chapter, Sections 39.905 and 39.908, F.S., and the contracted entity’s contract for purposes of subsection 65H-1.012(3), F.A.C. The Department or contracted entity’s determination that a center was initially not in compliance with these requirements but has successfully completed a corrective action plan will also constitute a favorable monitoring report.

(b) An unfavorable monitoring report means the center is not in compliance with the requirements of this rule chapter, Section 39.905, F.S., the contracted entity’s contract, and has not successfully completed a corrective action plan as determined by the Department or contracted entity. An unfavorable monitoring report will result in suspension of a center’s certification, unless the circumstances are beyond the provider’s reasonable control, such as manmade or natural disasters, local zoning ordinances, or permitting processes.

(5) The Department will suspend a center’s certification without allowing an opportunity for corrective action in the event a violation poses an imminent risk of serious harm to the health or safety of participants or staff members. A suspension will continue until the provider completes a corrective action plan but will not exceed six months. If the provider does not successfully complete the corrective action plan within six months, the center’s certification will be revoked and certification renewal will be denied.

Rulemaking Authority 39.903 FS. Law Implemented 39.903, 39.905 FS. History–New 11-30-09, Formerly 65H-1.005, Amended 2-5-15, 5-4-20.