The purpose of this rulemaking is to amend four specific regulatory elements. This rulemaking will revise the Measurement Standard applicable to subparagraph (4)(f) Crisis Support/Emergency; revise the Measurement Standard applicable to ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Mental Health Program

RULE NO.:RULE TITLE:

65E-14.021Schedule of Covered Services

PURPOSE AND EFFECT: The purpose of this rulemaking is to amend four specific regulatory elements. This rulemaking will revise the Measurement Standard applicable to subparagraph (4)(f)3. Crisis Support/Emergency; revise the Measurement Standard applicable to subparagraph (4)(m)3. In-Home and On-Site; revise the Annualized Standard Units applicable to paragraph (4)(i) Drop-in/Self help Centers; and incorporate revised form CF-MH 1045, Feb 2015, Program Description. The effect of revising the Measurement Standards will be to permit a broader range of programmatically appropriate allowable activities for those services. The effect of revising the Annualized Standard Units will be to align a pre-existing exception to the correct measurement standard applicable to the service. The effect of revising the form will be to clarify the distinction between Department-funded service data elements and non-Department-funded service data elements reported in the form. The regulations addressing these elements, as amended on July 27, 2014, have been identified by agencies subject to this rule as creating unintended regulatory burdens during implementation.

SUBJECT AREA TO BE ADDRESSED: This rulemaking addresses: 1) the Measurement Standards applicable to the Crisis Support/Emergency and In-Home and On-Site Covered Services, 2) a pre-existing exception to the Annualized Standard Units applicable to Drop-in/Self help Centers, and 3) the elimination of unnecessary references to “Medicaid services” and adoption of the already defined term “Covered Service” in sections of Form CF-MH 1045.

RULEMAKING AUTHORITY: 394.78(1), (5), 394.9082(11), 397.321(5), 402.73 FS.

LAW IMPLEMENTED: 394.74(2)(b), (3)(d), (e), (4), 394.77, 394.78(1), (5), 394.9082, 397.321(10), 402.73(1) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jimmers Micallef, 1317 Winewood Blvd, Building 6, Room 235, email: [e-mail], [phone]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

65E-14.021 Schedule of Covered Services.

This rule provides guidelines and requirements applicable to service providers under direct contract with the department or service providers under subcontracts with a Managing Entity.

(1) through (3) No change.

(4) The descriptions, applicable programs, measurements standards, and data elements for SAMH Covered Services are as follows:

(a) through (e) No change.

(f) Crisis Support/Emergency.

1. through 2. No change.

3. Measurement Standard – Direct Staff Hour, as defined in sub-sub-subparagraph (3)(a)1.a.(I) Day, as defined in sub-sub-subparagraph (3)(a)3.a.(I) of this rule.

4. No change.

(g) through (l) No change.

(m) In-Home and On-Site.

1. through 2. No change.

3. Measurement Standard – Direct Staff Hour, as defined in sub-sub-subparagraph (3)(a)1.a.(III)  Direct Staff Hour, as defined in sub-sub-subparagraph (3)(a)1.a.(II), of this rule.

4. No change.

(n) through (nn) No change.

(e) Service Provider Required Fiscal Reports.

1. All service providers shall prepare and submit the following proposed fiscal reports to the department or Managing Entity, as appropriate, for approval prior to the start of the contract or subcontract period:

a. through b. No change.

c. CF-MH 1045, Feb 2015, Program Description, http://www.flrules.org/Gateway/reference.asp?No= ________,CF-MH 1045, July 2014, Program Description, http://www.flrules.org/Gateway/reference.asp?No=Ref-04194, hereby incorporated by reference.

(I) through (II) No change.

2. through 3. No change.

(6) Setting Rates.

(a) Negotiated Rates.

1. through 2. No change.

3. When proposing projected rates on the Agency Capacity Report, the service provider shall use the number of units derived using the following minimum productivity and utilization standards:

a. No change.

b. Non-Direct Staff Hour – Annualized Standard Units: 1,430 hours per FTE; Standard Percentage: 68.75 percent.

(I) Except, for paragraph (4)(i) Drop-in/Self help Centers– Annualized Standard Units: To be established through negotiation between the department or Managing Entity and the service provider; Standard Percentage: 100 percent.

c. Day – Annualized Standard Units: 365 Days or 366 Days during Leap Year; Standard Percentage: 100 percent.

(I) Except for Exceptions,

(i) For paragraph (4)(i) Drop-in/Self help Centers– Annualized Standard Units: To be established through negotiation between the department or Managing Entity and the service provider; Standard Percentage: 100 percent.

(ii) For paragraphs (4)(aa) – (4)(dd) Residential I-IV, (4)(ff) – (4)(hh) Room and Board with Supervision I-III Annualized Standard Units: 365 Days; Standard Percentage: 85 percent.

d No change.

(b) No change.

(7) through (8) No change.

Rulemaking Authority 394.78(1), (5), 394.9082(11), 397.321(5), 402.73 FS. Law Implemented 394.74(2)(b), (3)(d), (e), (4), 394.77, 394.78(1), (5), 394.9082, 397.321(10), 402.73(1) FS. History–New 7-1-03, Amended 12-14-03, 1-2-05, 7-27-14, __________.