The purpose of this rule amendment is to set a deadline for applicants to provide additional information during the application process.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-4.0215General Provisions

PURPOSE AND EFFECT: The purpose of this rule amendment is to set a deadline for applicants to provide additional information during the application process.

SUMMARY: The rule amendment sets a deadline for applicants to provide additional information during the application.

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 rule adds a 45 day deadline for submitting additional documentation in support of a provider application, pursuant to s. 120.60(1), F.S., without adding any additional costs to the providers or to the agency.

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: 120.60(1), 393.501(1), 393.0662, FS.

LAW IMPLEMENTED: 120.60(1), 393.0662, 409.906, 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: Lisa Kuhlman, Agency for Persons with Disabilities, 4030 Esplanade Way, Tallahassee, Florida 32399-0950, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65G-4.0215 General Provisions

(1) through (4) No change.

(5)(a) iBudget Waiver providers must have applied through the Agency for Persons with Disabilities to ensure that they meet the minimum qualifications to provide iBudget Waiver services. iBudget Waiver providers must also be enrolled as a Medicaid provider through the Agency or Healthcare Administration. However, providers do not have to provide Medicaid State Plan services in order to provide waiver services. To enroll as a provider for iBudget Waiver Services, the provider must first submit an application to the Agency or Persons with Disabilities using the Regional iBudget Provider Enrollment Application – Waiver Support Coordinator (WSC) – APD 2015-02, effective date 7-1-2015, for waiver support coordinator applications, which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07073, or the Regional iBudget Provider Enrollment Application – Non-WSC – APD 2015-03, effective date 7-1-2015, for all other provider applications, which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07074. These forms are hereby incorporated by reference. On the application providers must identify the counties where they intend to provide services. The Agency for Persons with Disabilities will review the application, request missing documentation, and issue a decision about whether the provider meets the qualifications to provide services. The Agency for Persons with Disabilities may close the application if missing information is not provided within 45 calendar days of the request by the Agency. The qualifications to provide services are identified in the Handbook.

(b) If a waiver provider wishes to, expand by providing additional services, expand services geographically, or expand from solo to agency, the provider must notify the Agency regional office by submitting an Provider Expansion Request form – APD 2015-04, effective date 8-20-2013, which is hereby incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07076. The Agency regional office must approve any expansion prior to the provision of expanded services. Before the Agency regional office approves a provider for expansion, the Agency regional office must determine that the provider meets the provider qualifications and has:

1. An 85% or higher on their last Quality Assurance Organization (QIO) report. If a provider does not have a history of a QIO review, this does not prevent consideration for expansion,

2. No identified alerts (i.e., background screening, medication administration, and validation),

3. No unresolved billing discrepancies or plan of remediation,

4. No adverse performance history relating to the health and safety of individuals served; and,

5. No open investigations or referrals to the Agency for Health Care Administration (AHCA) and the Department of Children and Families (DCF).

Agency staff shall check with the provider’s home regional office to determine whether there is a history of complaints filed and logged on the remediation tracker, any open investigations or referrals to AHCA’s Medicaid Program Integrity (MPI) or the Attorney General’s Medicaid Fraud Control Unit (MFCU), or DCF. The Agency shall make the determination required under this paragraph in not more than 90 days.

(6) No change.

Rulemaking Authority 120.60(1), 393.501(1), 393.0662 FS. Law Implemented 120.60(1), 393.0662, 409.906 FS. History–New 7-7-16, Amended______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Claire Gilleese

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbara Palmer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 11, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 15, 2018