That on October 28, 2015, the Agency for Persons with Disabilities, received a petition for a waiver from 65G-2.008(1)(e), F.A.C., from ARC of Washington-Holmes Counties, Inc., (Petitioner). The Notice of the Petition for Waiver was published on ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-2.008Staffing Requirements

The Agency for Persons with Disabilities hereby gives notice that on October 28, 2015, the Agency for Persons with Disabilities, received a petition for a waiver from paragraph 65G-2.008(1)(e), F.A.C., from ARC of Washington-Holmes Counties, Inc., (Petitioner). The Notice of the Petition for Waiver was published on November 5, 2015, in Vol. 41, No. 216 of the Florida Administrative Register. The rule states in part, “(e) Direct service providers must have at least a high school diploma or equivalent. When determining the equivalency of high school diplomas, providers may accept official transcripts, affidavits from educational institutions, and other formal or legal documents that can be reasonably used to determine educational background. Direct service providers who have been hired using the best judgment of the licensee prior to the date of this rule revision, are exempt from this education-related documentation screening requirement. . . ” Petitioner sought a waiver from the requirement of paragraph 65G-2.008(1)(e), F.A.C., that direct service providers have a high school diploma or equivalent. As reflected in paragraph 65G-2.008(1)(a), F.A.C., it is critical that facilities maintain adequate staff in a manner that promotes health, safety, and welfare of residents. Considering the rural area where Petitioners are located, and the significant showing made by Petitioner documenting lengthy efforts to hire qualified staff with a high school diploma or equivalent, Petitioner has demonstrated that the Rule’s requirement that direct service providers have a high school diploma or GED is impeding their ability to comply with the more critical requirement of paragraph 65G-2.008(1)(a), F.A.C. to maintain adequate staffing. Petitioner also demonstrated that the costs of paying existing staff overtime compensation to cover for work schedules for these vacant positions constitutes significant hardship on Petitioner. In view of the significant hardship imposed upon Petitioners by application of this rule requirement, the Agency determined that the waiver should be granted.

The order granting the petition was issued on December 15, 2015.

A copy of the Order or additional information may be obtained by contacting: David De La Paz, Esq., Agency Clerk, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380, Tallahassee, Florida 32399-0950, [e-mail].