Eligibility Criteria and Procedures for Designation of Baker Act Receiving Facilities  

  •  

    DEPARTMENT OF CHILDREN AND FAMILIES

    Mental Health Program

    RULE NO.:RULE TITLE:

    65E-5.350Eligibility Criteria and Procedures for Designation of Baker Act Receiving Facilities

    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. 49 No. 66, April 5, 2023 issue of the Florida Administrative Register.

    65E-5.350 Eligibility Criteria and Procedures for Designation of Baker Act Receiving Facilities.

    (1) Facilities shall not begin to hold or treat involuntary an individual under the Baker Act operations as a Baker Act receiving facility until licensed by AHCA and designated in accordance with this rule chapter and with Chapters 394 or 395, F.S.

    (2) No change.

    (3) The following types of facilities are authorized to provide acute psychiatric treatment and are eligible to apply for designation as receiving facilities:

    (a) through (c) No change.

    (d) Short-term Residential Treatment Facilities (SRT) connected to a county or regional Behavioral Health Receiving System, and are programmatically integrated with a designated CSU or CCSU.

    (4) Designated Baker Act receiving facilities shall contribute data to the Florida Health Information’s Exchange Encounter Notification Services through AHCA.

    (5) SRT facilities may be designated as a receiving facility if they are connected to a county or regional Behavioral Health Receiving System, and are programmatically integrated with a designated CSU or CCSU.   

    (5)(6) Application and Supporting Documentation for Designation as a Receiving Facility. An applicant must complete and submit form CF-MH 3125, (insert date), “Application for Designation as a Baker Act Receiving Facility,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX. Applications may be submitted through the Department’s statewide electronic licensing and designation system.

    (7) through (8) are redesignated (6) through (7) No change.

    (8)(9) Facilities shall provide the Department with a written notice 120 days prior to surrendering their designation and shall include a written transition plan to minimize disruptions in access to crisis care in the community. At a minimum the transition plan shall address the following:

    (a) through (d) No change.

    (e) Identification of any agreements with other community providers to refer admit individuals to hospital diversion programs such as short-term residential treatment, Community Action Teams, or Florida Assertive Community Treatment.

    Rulemaking Authority 394.461(6) FS. Law Implemented 394.461 FS. History–New 11-29-98, Amended 4-4-05. Amended __________________.