Rule 65E-5.180, Florida Administrative Code, is being revised to comply with amendments to Section 394.459(4)(b)3., F.S., of the Baker Act, requiring facilities develop a system for investigating and responding to certain complaints. The proposed ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Mental Health Program

RULE NO: RULE TITLE
65E-5.180: Right to Quality Treatment
PURPOSE AND EFFECT: Rule 65E-5.180, Florida Administrative Code, is being revised to comply with amendments to Section 394.459(4)(b)3., F.S., of the Baker Act, requiring facilities develop a system for investigating and responding to certain complaints. The proposed amendments to Chapter 65E-5, Florida Administrative Code, will bring the rule into compliance with statutory requirements.
SUMMARY: In order to comply with the statutory amendment to Section 394.459(4)(b)3., F.S., requiring facilities develop a system for investigating and responding to certain complaints, the Department of Children and Families, Mental Heath Program Office, is amending Rule 65E-5.180, Florida Administrative Code.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 394.459(4)(b) FS.
LAW IMPLEMENTED: 394.459(4)(b)3. FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Monday, December 18, 2006, 9:00 a.m.
PLACE: Building 6, Conference Room A, Winewood Office Complex, 1317 Winewood Blvd., Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ron Kizirian, Medical/Healthcare Program Analyst, Mental Health Program Office, 1317 Winewood Blvd., Building 6, Room 211, Tallahassee, Florida 32399-0700. Telephone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65E-5.180 Right to Quality Treatment.

The following standards shall be required in the provision of quality mental health treatment:

(1) through (5) No change.

(6) Each designated receiving and treatment facility shall develop a written policy and procedure for receiving the receipt, review, investigating, tracking, managing and responding to formal and informal investigation of oral or written complaints by a person receiving services or by an individual acting on his or her behalf about his or her care while hospitalized, which shall be documented in the person’s clinical record.

(a) The complaint process shall be verbally explained during the orientation process and provided in writing in language and terminology that the person receiving services can understand. It will explain how individuals may address complaints informally through the facility staff and treatment team, and formally through the staff person assigned to handle formal complaints, as well as the administrator or designee of the facility. The person receiving services shall also be advised that he or she may contact the Local Advocacy Council, the Florida Abuse Registry, the Advocacy Center for Persons with Disabilities, or any other individual or agency at anytime during the complaint process to request assistance. The complaint process, including telephone numbers for the above named entities, shall be posted in plain view in common areas and next to telephones used by individuals receiving services. Any complaint may be verbal or written. Any staff person receiving an informal or formal complaint dealing with life-safety issues will take immediate action to resolve the matter.

(b) Informal complaints are initial complaints that are usually made verbally by a person receiving services or by an individual acting on his or her behalf. If resolution cannot be mutually agreed upon, a formal written complaint may be initiated.

(c) When the person receiving services, or a person acting upon that person’s behalf, makes a formal complaint a staff person not named in the complaint shall assist the person in initiating the complaint. The complaint shall include the date and time of the complaint and detail the issue and the remedy sought. All formal complaints shall be forwarded to the staff person, or designee, who is assigned to track and monitor formal complaints. All formal complaints shall be tracked and monitored for compliance and shall contain the following information:

1. The date and time the formal complaint was originally received by staff;

2. The date and time the formal complaint was received by the staff assigned to track formal complaints;

3. The nature of the complaint;

4. The name of the person receiving services;

5. The name of the person making the complaint;

6. The name of the individual assigned to investigate the complaint;

7. The date the individual making the complaint was notified of the individual assigned to investigate the complaint;

8. The due date for the written response; and

9. At closure, the written disposition of the formal complaint.

(d) The investigation shall be completed within 7 days from the date of entry into the system for tracking complaints.

(e) A written response must be given or mailed to the person receiving services within 24 hours of disposition. The individual acting on behalf of the person receiving services shall be notified of the completion of the investigation but will not be given specific details of the disposition unless they have a legal right to the information or a signed release of information is in place.

(f) The disposition of a complaint may be appealed to the administrator of the facility. If appealed, the facility administrator or designee shall review the written complaint and the initial disposition. Within five working days, the facility administrator or designee will make a final decision concerning the outcome of the complaint and will provide a written response within 24 hours to the person receiving services. A copy of the written response shall also be given to the staff member assigned to track complaints.

(7) through (13) No change.

Specific Authority 394.457(5), 394.459(4)(b) FS. Law Implemented 394, Part I, 394.459(2)(d), (4), (4)(b)3., 401.455 FS. History–New 11-29-98, Amended 4-4-05,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ron Kizirian
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Roderick L. Hall, Ph.D., Director, Mental Health Program Office
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 30, 2005