AGENCY FOR HEALTH CARE ADMINISTRATION
RULE NO.:RULE TITLE:
59G-13.070Developmental Disabilities Individual Budgeting Waiver Services
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 38, February 24, 2017 issue of the Florida Administrative Register.
The following additional changes have been made to the notice of change, published in Vol. 43, No. 81, April 26, 2017Florida Medicaid Developmental Disabilities Individual Budgeting Waiver Services Coverage and Limitations Handbook.
Pages 1-1 through 1-20 No change.
Page 1-21 Residential Habilitatition, third paragraph now reads :
Providers of standard residential habilitation must hire direct care providers who are age 18 years and older, and have one year experience working in a medical, psychiatric, nursing, or child care setting, or experience working with recipients with developmental disabilities, or have 30 semester hours, 45 quarter-hours, or 720 classroom hours of college or vocational school. Providers of behavior focus and intensive behavior residential habilitation must be designated by the APD regional office. Agencies must hire direct care providers who are age 18 years and older, have at least a high school or GED diploma, have one year of experience working in a medical, psychiatric, nursing, or child care setting, or experience working with recipients with developmental disabilities. In lieu of the required work experience, the employee may have 30 semester hours, 45 quarter-hours, or 720 classroom hours of college or vocational school. Additional qualifications for behavior focus providers are found on page 2-51 and 2-52.
Additional qualifications for Intensive behavior providers can be found on page 2-54. For exemptions to this requirement, see Rule 65G-2.008, F.A.C., incorporated by reference. The residential habilitation provider may allow direct care staff to begin employment without the experience requirements described within this section if such direct care staff spend the first 90 days of employment working directly under the supervision or oversight of another direct care staff who possesses the required experience. For the purpose of this section, working directly under the supervision or oversight requires the physical presence of the experienced direct service provider who at all times shall be within 50 feet of the direct service provider who is subject to the supervision to readily assist and direct. If such arrangements are made, the residential habilitation provider shall provide written notification to the APD Regional Office, to include the name of the service provider and the facility in which he or she will be working, within five business days of the direct care staff’s employment. The residential habilitation provider shall conduct a performance evaluation of any direct care staff working under this exception to the experience requirement within 120 days of his or her employment. This performance evaluation shall, at a minimum, include an assessment of the direct service provider’s ability to perform the prescribed duties of their position. Documentation of this performance evaluation shall be maintained within the personnel file of the direct care staff and made available to APD upon request.
Page 1-22 through 2-46 No change.
Page 2-47 Who Can Provide second bullet now reads :
Have one year of experience providing direct services in a medical, psychiatric, nursing, child care setting, or working with persons who have a developmental disability; or at least 120 hours of direct services to recipients with complex behavior problems, as defined in APD’s Rule 65G-4.010(3)(b), F.A.C. For exemptions to this requirement, see Rule 65G-2.008, F.A.C., incorporated by reference. The residential habilitation provider may allow direct care staff to begin employment without the experience requirements described within this section if such direct care staff spend the first 90 days of employment working directly under the supervision or oversight of another direct care staff who possesses the required experience. For the purpose of this section, working directly under the supervision or oversight requires the physical presence of the experienced direct service provider who at all times shall be within 50 feet of the direct service provider who is subject to the supervision to readily assist and direct. If such arrangements are made, the residential habilitation provider shall provide written notification to the APD Regional Office, to include the name of the service provider and the facility in which he or she will be working, within five business days of the direct care staff’s employment. The residential habilitation provider shall conduct a performance evaluation of any direct care staff working under this exception to the experience requirement within 120 days of his or her employment. This performance evaluation shall, at a minimum, include an assessment of the direct service provider’s ability to perform the prescribed duties of their position. Documentation of this performance evaluation shall be maintained within the personnel file of the direct care staff and made available to APD upon request.
Page 2-48 through 2-50 No change.
Page 2-51 and Page 2-52 Who Can Provide fifth bullet now reads :
Have one year of experience providing direct services in a medical, psychiatric, nursing, child care setting, or working with persons who have a developmental disability; or at least 120 hours of direct
services to recipients with complex behavior problems, as defined in APD’s Rule 65G-4.010(3)(b), F.A.C. For exemptions to this requirement, see Rule 65G-2.008, F.A.C., incorporated by reference. The residential habilitation provider may allow direct care staff to begin employment without the experience requirements described within this section if such direct care staff spend the first 90 days of employment working directly under the supervision or oversight of another direct care staff who possesses the required experience. For the purpose of this section, working directly under the supervision or oversight requires the physical presence of the experienced direct service provider who at all times shall be within 50 feet of the direct service provider who is subject to the supervision to readily assist and direct. If such arrangements are made, the residential habilitation provider shall provide written notification to the APD Regional Office, to include the name of the service provider and the facility in which he or she will be working, within five business days of the direct care staff’s employment. The residential habilitation provider shall conduct a performance evaluation of any direct care staff working under this exception to the experience requirement within 120 days of his or her employment. This performance evaluation shall, at a minimum, include an assessment of the direct service provider’s ability to perform the prescribed duties of their position. Documentation of this performance evaluation shall be maintained within the personnel file of the direct care staff and made available to APD upon request.
Page 2-56 Who Can Provide second bullet now reads :
Have one of the following:
Have one year of experience providing direct services in a medical, psychiatric, nursing, child care setting, or working with persons who have developmental disability. For exemptions to this requirement, see Rule 65G-2.008, F.A.C., incorporated by reference. The residential habilitation provider may allow direct care staff to begin employment without the experience requirements described within this section if such direct care staff spend the first 90 days of employment working directly under the supervision or oversight of another direct care staff who possesses the required experience. For the purpose of this section, working directly under the supervision or oversight requires the physical presence of the experienced direct service provider who at all times shall be within 50 feet of the direct service provider who is subject to the supervision to readily assist and direct. If such arrangements are made, the residential habilitation provider shall provide written notification to the APD Regional Office, to include the name of the service provider and the facility in which he or she will be working, within five business days of the direct care staff’s employment. The residential habilitation provider shall conduct a performance evaluation of any direct care staff working under this exception to the experience requirement within 120 days of his or her employment. This performance evaluation shall, at a minimum, include an assessment of the direct service provider’s ability to perform the prescribed duties of their position. Documentation of this performance evaluation shall be maintained within the personnel file of the direct care staff and made available to APD upon request.
At least 120 hours of direct services to recipients with complex behavior problems, as defined in APD’s Rule 65G-4.010(3)(b), F.A.C.
Ninety classroom hours of instruction in applied behavior analysis from non-university, non-college classes or university and college courses (The 90 classroom hours of instruction will count as meeting the requirements of the 20 contact hours.)
