The rules were last amended in 1998. The Department intends to update the rules to comport with current practice and policy.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Family Safety and Preservation Program

RULE NOS.:RULE TITLES:

65C-2.002Definitions

65C-2.005Provider Requirements

65C-2.006Provider Application Procedures

65C-2.007Fee for Services

PURPOSE AND EFFECT: The rules were last amended in 1998. The Department intends to update the rules to comport with current practice and policy.

SUMMARY: The amendments accomplish the following: 1) Add definitions; 2) Specify community services; and 3) Incorporate a screening form for consideration for community-based programs. Additionally, Rule 65C-2.006, F.A.C., is repealed.

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: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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: 410.606, F.S.

LAW IMPLEMENTED: 410.601-.606, F.S.

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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65C-2.002 Definitions.

In addition to those terms defined in Section 410.603, F.S., the following definitions shall apply to this rule for purposes of clarification:

(1) “Adult Day Care” means a social program which provides a protective environment where preventive remedial and restorative services are provided to adults in need of such care.

(2) “Adult Day Health Care” means an organized day program of therapeutic, social, dietary and health activities and services provided to disabled adults for the purpose of restoring or maintaining optimal capacity for self care.

(3) “Case Management Service” means a client centered series of activities which includes planning, arranging for, and coordination of appropriate community-based services for an eligible Community Care for Disabled Adults client. Case management service is an approved service, even when delivered in the absence of other services. Case management service includes intake and referral, comprehensive assessment, development of a service plan, arranging for services and monitoring of client’s progress to assure the effective delivery of services and reassessment.

(4) “Chore Service” means the performance of house or yard tasks such as seasonal cleaning, yard work, lifting and moving, simple household repairs, and other tasks not performed by specialized staff for eligible persons who are unable to do these tasks.

(5) “Emergency Alert Response Service” means a community-based electronic surveillance service system established to monitor the safety of individuals in their own homes and which alerts properly qualified assistance to the client in need.

(6) “District” also means Department region.

(7)(6) “Escort Service” means is the personal accompaniment of an individual to and from service providers, or personal assistance to enable clients to obtain other required services needed to implement the service plan.

(8)(7) “Group Activity Therapy” means is a service provided by a professional staff person to three or more eligible clients and includes, the following activities: physical, recreational, educational, social interaction, and communication skill building through the use of groups. The purpose of this service is to prevent social isolation and to enhance social and interpersonal functioning.

(9) “Health maintenance services” means as defined in Section 410.603, F.S.

(10)(8) “Home Delivered Meals Service” means a hot or other appropriate, nutritionally sound meal that meets one-third of the current daily recommended dietary allowances served in the home to a homebound disabled adult.

(11)(9) “Home Health Aide Service” means a health or medically-oriented task furnished to an individual in his residence by a trained home health aide. The home health aide must be employed by a licensed home health agency and supervised by a licensed health professional who is an employee or contractor of the home health agency.

(12)(10) “Homemaker Service” means the accomplishment of specific home management tasks including housekeeping, meal planning and preparation, shopping assistance, and routine household activities by a trained homemaker.

(13)(11) “Home Nursing Service” means part-time or intermittent nursing care administered to an individual by a licensed professional or practical nurse or advanced registered nurse practitioner, as defined in Chapter 464, F.S., in the place of residence used as the individual’s home, pursuant to a plan of care approved by a licensed physician.

(14)(12) “Interpreter Service” means assistance in communicating provided to a disabled adult client who has a speech or hearing impairment or a language barrier.

(15) “Medical Equipment or Supplies” means long-term or disposable devices or material to aide in diagnosis, treatment and rehabilitation of a disease or condition.

(16)(13) “Medical Therapeutic Service” Services means those corrective or rehabilitative services which are prescribed by a physician or nurse practitioner licensed in the State of Florida. Provided by a professionally licensed, registered or certified individual, these services are designed to assist the client to maintain or regain sufficient functional skills to live in his place of residence. Such therapies include physical, occupational, speech-language therapy, and respiratory therapy.

(17)(14) “Personal Care Service” means Services include such services as: individual assistance with or supervision of essential activities of daily living, such as bathing, dressing, ambulating, supervision of each self-administered medication, eating, and assistance with securing health care from appropriate sources. Personal care service services shall not be construed to mean the provision of medical, nursing, dental or mental health services by the personal care service staff.

(18)  “Provider” or “Service Provider” means the entity contracted by the Department to operate a disabled adults program. 

(19)(16) “Respite Care” means relief or rest for a caregiver from the constant supervision, companionship, therapeutic and personal care on behalf of a client for a specified period of time. The purpose of the service is to maintain the quality of care to the client for a sustained period of time through temporary, intermittent relief of the primary caregiver.

(20)(16) “Transportation Service” Services means the movement transport of a client to and from service providers or community resources which are essential to the implementation of the care plan.

Rulemaking Authority 410.606 FS. Law Implemented 410.601-.606 FS. History–New 1-24-89, Amended 6-24-96, Formerly 10A-16.002, Amended 12-8-98. Amended____

 

65C-2.005 Service Provider Requirements.

(1) Pursuant to Section 410.604(3), F.S., each community care for disabled adults program and service provider shall include case management service and at least one other community service. Community services include the following:

(a) Adult day care;

(b) Homemaker service;

(c) Chore service;

(d) Escort service;

(e) Group activity therapy;

(f) Health maintenance service;

(g) Home delivered meal service;

(h) Interpreter service;

(i) Medical equipment or supplies;

(j) Respite care;

(k) Transportation service;

(l) Adult day health care;

(m) Emergency alert response service;

(n) Home health aide service;

(o) Home nursing service;

(p) Medical therapeutic service; and

(q) Personal care service.

(2)(1) The service provider contracting individual agency and direct service staff responsibilities include:

(a) Coordinating services for physically or mentally disabled adults;

(b) Utilizing services provided by recipients of services in lieu of fees and contributions;

(c) Accepting contributions, gifts, and grants to implement and improve services;

(d) Demonstrating innovative approaches to program management, staff training, and service delivery that impact cost avoidance, cost effectiveness, and program efficiency with prior approval from the contract manager; and

(e) Providing for Following procedures established by the department for appeals regarding denial, reduction, or termination of services to clients and for appeals regarding contracts for services.

(2) No change.

(3) Providers shall administer services as specified in their contract with the Department and maintain current service records on project participants.

(4) Contracts between the district and service providers shall follow departmental contracting procedures.

(4)(5) Contracted Pproviders must furnish written documentation that their agency will provide a minimum of 10 percent of the funding necessary to support the program. Cash or in-kind resources may be used to meet this matching requirement.

(5)(6) The Ddepartment shall ensure that all service providers use volunteers to the fullest extent possible in the provision of services and in all aspects of program operations. Agencies utilizing volunteers shall provide training, supervision, and a negotiated liability insurance package.

(6)(7) All agencies receiving Community Care for Disabled Adult funds shall maintain individual client fiscal and program records and provide reports as required by the Ddepartment at least on a quarterly basis. Client records shall be maintained in a confidential manner.

(7)(8) Any changes in program objectives, staffing, or other information as stipulated in the contract shall be presented, in writing, as provided in to the contract manager for Department approval prior to the implementation of the change. Whenever a change is contemplated which will affect the original budgeted amount of any cost category or individual salary, such contemplated changes shall require prior approval from the Department. contract manager. The contract manager may approve modifications to the contract if the requested changes will not result in a detrimental effect on clients or the provision of services.

Rulemaking Authority 410.606 FS. Law Implemented 410.604-.605 FS. History–New 1-24-89, Amended 6-24-96, Formerly 10A-16.005, Amended 12-8-98. Amended_____

 

65C-2.006 Provider Application Procedures.

Rulemaking Authority 410.606 FS. Law Implemented 410.601-.606 FS. History–New 1-24-89, Formerly 10A-16.006, Amended 12-8-98. Repealed

 

65C-2.007 Fees Fee for Services.

(1) Priority for services is based on need for services combined with the income level of the prospective client. First, eligibility must be determined through the administration of the APS Screening for Consideration for Community-Based Programs, CF-AA 1022, 10/2009, incorporated by reference and available at xxx,a functional assessment and verification of the client’s income. If the income is above the existing institutional care program eligibility standard, then a fee for services will be assessed based on the client’s care plan. Once an applicant is deemed eligible and a priority candidate for services, a determination shall be made as to an a dollar amount that the applicant will be charged for those services based on an overall ability to pay. Partial payments may also be assessed.

(2) The case service manager shall request information from the applicant or his spouse, relative or guardian if needed, as follows:

(a) through (d) No change.

(3) In those situations where the applicant is currently receiving a service on a private pay basis and can continue to pay for the service, the applicant he shall not receive the service under state Community Care for Disabled Adult funds. If the service is available on a private pay basis from another agency and the client assessment has determined that the applicant can pay for the service, then the applicant shall be referred to the other agency for the services. However, if the applicant is able to pay for a service, but the service is not available from any other agency, and he is in need of the service, then the Community Care for Disabled Adults provider shall provide the service, inform the applicant of the dollar amount or in-kind service, and require such fee toward the cost of the service. If the client is unwilling to pay the assessed fee or contribute the in-kind services of specific value, services shall be denied.

(4) Clients shall have the opportunity to perform volunteer services in lieu of making payments, in accordance with departmental procedures.

(5) At the time the ability to pay is determined, the applicant shall attest to the truthfulness of the his financial status submittal by signing a sworn written statement.

(6) Client payments shall be directed to the provider agency and may be used to expand the Community Care for Disabled Adults program.

(7) No change.

Rulemaking Authority 410.606 FS. Law Implemented 410.604 FS. History–New 1-24-89, Amended 6-24-96, Formerly 10A-16.007, Amended 12-8-98. Amended_____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Roy Carr

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 24, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 2, 2021