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-14.021 Schedule 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 paragraph (4)(f) Crisis Support/Emergency; revise the Measurement Standard applicable to paragraph (4)(m) 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.

SUMMARY: This rulemaking amends: 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.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Staff analysis of this amendment has identified these changes as technical in nature with no increase to direct or indirect regulatory compliance costs.

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.

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 WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jimmers Micallef, 1317 Winewood Blvd, Building 6, Room 235, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE 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, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jimmers Micallef

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 11, 2015