Florida Regulations 2-42.002: Discrimination Based on Health Care Choices
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(1) Definitions – As used in this rule and Florida Statutes § 381.00316:
(a) The “”department”” means the Department of Legal Affairs.
(b) “”Discrimination”” or to “”discriminate”” is the act of treating a person differently, wherein that treatment results in an action prohibited by Florida Statutes § 381.00316
(c) “”Subject”” is the business entity or governmental entity that the complainant alleges to have discriminated against the complainant in a manner prohibited by Section 381.00316.
(2) The department shall investigate a legally sufficient complaint alleging a violation of Florida Statutes § 381.00316, or any rule adopted thereunder. The complaint must be submitted on form DBHC-001, Complaint Discrimination Based on Health Care Choices (06/23), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15786, or http://myfloridalegal.com/healthcarechoices/. A complete complaint may be submitted either electronically at http://myfloridalegal.com/healthcarechoices/, a paper hard copy of the complaint form may be obtained at http://myfloridalegal.com/healthcarechoices/, and submitted via email to: healthcarechoices@myfloridalegal.com, or a paper hard copy may be mailed to: The Department of Legal Affairs, Health Care Choices Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050.
(3) Complainants who submit an incomplete complaint shall be notified in writing and will have thirty (30) days from the date of the notice of incompleteness to submit to the Department the missing information or materials. Failure to timely provide the requested missing information or materials shall result in dismissal of the complaint.
(4) A complaint is legally sufficient if it contains all the information required by the complaint form and ultimate facts that demonstrate that a violation of Florida Statutes § 381.00316, or any rule adopted thereunder, has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation. The subject may submit a written response to the information contained in the complaint within twenty (20) days after service. The department will consider the complaint and supporting documentation as well as the subject’s written responses when determining whether probable cause exists.
(5) When the investigation is complete, the department shall prepare and submit to the Attorney General’s designee the department’s investigative report. The report shall contain the investigative findings and the recommendations of the department concerning the existence of probable cause. Upon review of the investigative findings and recommendations, the designee shall either find that there is probable cause that one or more violations of Florida Statutes § 381.00316, or any rule adopted thereunder, has occurred or that there is insufficient evidence to support a finding of probable cause and that the complaint should be dismissed. If probable cause is found, the department shall file a formal administrative complaint against the subject that complies with Fl. Admin. Code R. 28-106.2015, and prosecute that complaint pursuant to Florida Statutes Chapter 120, and Rule Fl. Admin. Code Chapter 28-106
(6) An evidentiary hearing before an administrative law judge from the Division of Administrative Hearings shall be held pursuant to Florida Statutes § 120.57(1), if there are any disputed issues of material fact. The department shall have the burden to prove the allegations contained in the administrative complaint by a preponderance of evidence. The administrative law judge shall issue a recommended order pursuant to Florida Statutes § 120.57(1), and the department shall determine and issue the final order in each case which shall constitute final agency action. The penalty set forth in the final order shall be imposed in accordance with Florida Statutes § 381.00316(6)
(7) The department may resolve a complaint pursuant to Florida Statutes § 120.57(4), and impose a penalty through informal disposition by consent order.
(8) In determining the amount of fine to be levied for a violation, the Attorney General may consider any of the following factors:
(a) Whether the subject knowingly and willfully violated this section.
(b) Whether the subject has shown good faith in attempting to comply with this section.
(c) Whether the subject has taken action to correct the violation.
(d) Whether the subject has previously been assessed a fine for violating Sections 381.00316, F.S.
(e) Any other mitigating or aggravating factor that fairness or due process requires.
(9) Rights of the complainant.
(a) When probable cause is not found, the department shall so inform complainant and notify that person that he or she may, within 30 days, provide any additional information to the department that may be relevant to the decision. To facilitate the provision of additional information, the person who filed the complaint may receive, upon request, a copy of the investigative report that supported the recommendation for closure.
(b) When probable cause is found and the case proceeds to hearing under Florida Statutes § 120.57(1), the complainant shall have the right to present oral or written communication relating to the alleged violations or to the appropriate penalty.
Rulemaking Authority Florida Statutes § 381.00316(9). Law Implemented Florida Statutes § 381.00316. History-New 8-27-23.
Terms Used In Florida Regulations 2-42.002
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(b) “”Discrimination”” or to “”discriminate”” is the act of treating a person differently, wherein that treatment results in an action prohibited by Florida Statutes § 381.00316
(c) “”Subject”” is the business entity or governmental entity that the complainant alleges to have discriminated against the complainant in a manner prohibited by Section 381.00316.
(2) The department shall investigate a legally sufficient complaint alleging a violation of Florida Statutes § 381.00316, or any rule adopted thereunder. The complaint must be submitted on form DBHC-001, Complaint Discrimination Based on Health Care Choices (06/23), which is hereby incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15786, or http://myfloridalegal.com/healthcarechoices/. A complete complaint may be submitted either electronically at http://myfloridalegal.com/healthcarechoices/, a paper hard copy of the complaint form may be obtained at http://myfloridalegal.com/healthcarechoices/, and submitted via email to: healthcarechoices@myfloridalegal.com, or a paper hard copy may be mailed to: The Department of Legal Affairs, Health Care Choices Program, PL-01, The Capitol, Tallahassee, Florida 32399-1050.
(3) Complainants who submit an incomplete complaint shall be notified in writing and will have thirty (30) days from the date of the notice of incompleteness to submit to the Department the missing information or materials. Failure to timely provide the requested missing information or materials shall result in dismissal of the complaint.
(4) A complaint is legally sufficient if it contains all the information required by the complaint form and ultimate facts that demonstrate that a violation of Florida Statutes § 381.00316, or any rule adopted thereunder, has occurred. In order to determine legal sufficiency, the department may require supporting information or documentation. The subject may submit a written response to the information contained in the complaint within twenty (20) days after service. The department will consider the complaint and supporting documentation as well as the subject’s written responses when determining whether probable cause exists.
(5) When the investigation is complete, the department shall prepare and submit to the Attorney General’s designee the department’s investigative report. The report shall contain the investigative findings and the recommendations of the department concerning the existence of probable cause. Upon review of the investigative findings and recommendations, the designee shall either find that there is probable cause that one or more violations of Florida Statutes § 381.00316, or any rule adopted thereunder, has occurred or that there is insufficient evidence to support a finding of probable cause and that the complaint should be dismissed. If probable cause is found, the department shall file a formal administrative complaint against the subject that complies with Fl. Admin. Code R. 28-106.2015, and prosecute that complaint pursuant to Florida Statutes Chapter 120, and Rule Fl. Admin. Code Chapter 28-106
(6) An evidentiary hearing before an administrative law judge from the Division of Administrative Hearings shall be held pursuant to Florida Statutes § 120.57(1), if there are any disputed issues of material fact. The department shall have the burden to prove the allegations contained in the administrative complaint by a preponderance of evidence. The administrative law judge shall issue a recommended order pursuant to Florida Statutes § 120.57(1), and the department shall determine and issue the final order in each case which shall constitute final agency action. The penalty set forth in the final order shall be imposed in accordance with Florida Statutes § 381.00316(6)
(7) The department may resolve a complaint pursuant to Florida Statutes § 120.57(4), and impose a penalty through informal disposition by consent order.
(8) In determining the amount of fine to be levied for a violation, the Attorney General may consider any of the following factors:
(a) Whether the subject knowingly and willfully violated this section.
(b) Whether the subject has shown good faith in attempting to comply with this section.
(c) Whether the subject has taken action to correct the violation.
(d) Whether the subject has previously been assessed a fine for violating Sections 381.00316, F.S.
(e) Any other mitigating or aggravating factor that fairness or due process requires.
(9) Rights of the complainant.
(a) When probable cause is not found, the department shall so inform complainant and notify that person that he or she may, within 30 days, provide any additional information to the department that may be relevant to the decision. To facilitate the provision of additional information, the person who filed the complaint may receive, upon request, a copy of the investigative report that supported the recommendation for closure.
(b) When probable cause is found and the case proceeds to hearing under Florida Statutes § 120.57(1), the complainant shall have the right to present oral or written communication relating to the alleged violations or to the appropriate penalty.
Rulemaking Authority Florida Statutes § 381.00316(9). Law Implemented Florida Statutes § 381.00316. History-New 8-27-23.
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