The Department intends to amend 65-29.001, F.A.C., to (1) Remove Department discretion on whether to require a corrective action plan for noncompliance, nonperformance, or unacceptable performance or impose penalties for failure to comply with the ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

RULE NO.:RULE TITLE:

65-29.001Financial Penalties for a Provider's Failure to Comply With a Requirement for Corrective Action (Contracts Not Subject to Rule 65-29.002)

PURPOSE AND EFFECT: The Department intends to amend 65-29.001, F.A.C., to (1) Remove Department discretion on whether to require a corrective action plan for noncompliance, nonperformance, or unacceptable performance or impose penalties for failure to comply with the plan; and (2) Remove an ambiguous term.

SUMMARY: The following changes will be made: (1) Unless extenuating circumstances exist, the Department will be required to issue a corrective action plan or impose penalties; and (2) Remove the term “timely.”

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 the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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: 402.73(1), FS.

LAW IMPLEMENTED: 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: Jodi Abramowitz. Jodi can be reached at 850-717-4189 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65-29.001 Financial Penalties for a Provider’s Failure to Comply With a Requirement for Corrective Action.

(1) No change.

(2) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) through (b) No change.

(c) “Department” means the Florida Department of Children and Families Family Services.

(d) No change.

(e) “Findings of Fact” means the conclusions reached by the department on upon factual issues.

(f) through (h) No change.

(3) Penalty Provision. All contracts entered into by the department for services shall contain a notice that penalties may be imposed for failure to implement or to make acceptable progress on corrective action plans developed as a result of noncompliance, non-performance, or unacceptable performance with the terms and conditions of a contract. Such provisions shall also contain the following:

(a) A statement that corrective action plans shall may be required for noncompliance, nonperformance, or unacceptable performance and penalties shall may be imposed for failure to comply with a department approved corrective action plan, unless the department determines that extenuating circumstances exist.

(b) through (d) No change.

(4) Process. If at any time(s) during the effective contract period, the department gives notice to the provider that its delivery of services is unacceptable or is not in compliance with the terms and conditions of the contract, the department shall request corrective action, in accordance with Section 120.695, F.S. The department’s request for corrective action shall identify the incident(s) of noncompliance or unacceptable performance, and be submitted to the provider in writing. The provider, in turn, must timely submit a corrective action plan upon receipt of the department’s request. The provider’s failure to timely submit a corrective action plan that is determined acceptable to the department shall be grounds for termination of the contract.

(5) through (10) No change.

Rulemaking Specific Authority 402.73(1) FS. Law Implemented 402.73(1) FS. History–New 4-14-02,_Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Rebecca Kapusta

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2017