Florida Regulations 65E-5.353: Criteria and Procedures for Suspension or Withdrawal of Designation of Receiving Facilities
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(1) The district or regional offices of the department shall continuously collect and monitor information relative to complaints or allegations against designated facilities from sources such as individuals, local advocacy or self-help groups, local organizations including law enforcement, the Agency for Health Care Administration, and the Florida Local Advocacy Council. When a district or region mental health and substance abuse program supervisor recommends to the Secretary, or the Secretary’s designee, withdrawal or suspension of designation, at least the following information must be submitted with the recommendation:
(a) Description of violations such as extent of violations of Florida Statutes Chapter 394, and this rule chapter, and the extent and seriousness of known injuries or injury including the severity and number of violations, severity and chronic violation of rights, and any pattern of inadequate supervision, injury or harm to individuals; and,
(b) Mitigating circumstances including the responsiveness and extent of any actions taken by the facility to remediate, compensate, or correct the situation, as well as the facility’s recent history of charitable public service to persons with psychiatric disabilities in the community, and compliance and responsiveness to any prior violations or complaints.
(2) Suspension of Designation. When the district or region determines that it is more likely than not that a facility, or its related entities, has failed to consistently meet one or more of the standards for designation or maintenance of designation under this chapter, it may suspend designation pending corrective action plan implementation. During the suspension period, no persons on involuntary status may be admitted to the facility. No re-application for designation as a receiving facility is required for reinstatement of designation.
(3) Withdrawal of Designation.
(a) Designation may be withdrawn upon approval of the Secretary, or the Secretary’s designee, when the district or region determines that it is more likely than not that any pattern of violations, or combination of violations, of Florida Statutes Chapter 394, this rule chapter, and Fl. Admin. Code Chapter 65E-12, exists such as deficient admission, transfer or care practices, deficient observation or documentation of rights abuses, deficient discharge practices, deceptive or misleading practices in marketing, admission recruitment or referral practices; fraudulent clinical or billing practices; or patient brokering is evident. Examples of such offenses include violations by the facility, or parties acting on behalf of or in concert with the facility, or acting under its supervision, having engaged in deceptive, fraudulent, exploitative, abusive, or neglect type violations of Florida law, including Chapters 394 and 415, F.S., Sections 817.505 and 458.331, F.S.
(b) Upon re-application after withdrawal of designation, the department must have clear and convincing evidence that the problems with the facility, or its practitioners, leading to withdrawal of designation have been corrected and will not reoccur. This may include required internal and external monitoring to document continued satisfactory performance.
Rulemaking Authority Florida Statutes § 394.461(5). Law Implemented 394, 394.455(26), 394.461, 395, 415, 458.331, 817.505 FS. History-New 11-29-98, Amended 4-4-05.
Terms Used In Florida Regulations 65E-5.353
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Mitigating circumstances including the responsiveness and extent of any actions taken by the facility to remediate, compensate, or correct the situation, as well as the facility’s recent history of charitable public service to persons with psychiatric disabilities in the community, and compliance and responsiveness to any prior violations or complaints.
(2) Suspension of Designation. When the district or region determines that it is more likely than not that a facility, or its related entities, has failed to consistently meet one or more of the standards for designation or maintenance of designation under this chapter, it may suspend designation pending corrective action plan implementation. During the suspension period, no persons on involuntary status may be admitted to the facility. No re-application for designation as a receiving facility is required for reinstatement of designation.
(3) Withdrawal of Designation.
(a) Designation may be withdrawn upon approval of the Secretary, or the Secretary’s designee, when the district or region determines that it is more likely than not that any pattern of violations, or combination of violations, of Florida Statutes Chapter 394, this rule chapter, and Fl. Admin. Code Chapter 65E-12, exists such as deficient admission, transfer or care practices, deficient observation or documentation of rights abuses, deficient discharge practices, deceptive or misleading practices in marketing, admission recruitment or referral practices; fraudulent clinical or billing practices; or patient brokering is evident. Examples of such offenses include violations by the facility, or parties acting on behalf of or in concert with the facility, or acting under its supervision, having engaged in deceptive, fraudulent, exploitative, abusive, or neglect type violations of Florida law, including Chapters 394 and 415, F.S., Sections 817.505 and 458.331, F.S.
(b) Upon re-application after withdrawal of designation, the department must have clear and convincing evidence that the problems with the facility, or its practitioners, leading to withdrawal of designation have been corrected and will not reoccur. This may include required internal and external monitoring to document continued satisfactory performance.
Rulemaking Authority Florida Statutes § 394.461(5). Law Implemented 394, 394.455(26), 394.461, 395, 415, 458.331, 817.505 FS. History-New 11-29-98, Amended 4-4-05.