(1) Criteria and Operating Procedures. This requirement applies to addictions receiving facilities, inpatient and outpatient detoxification, intensive inpatient treatment, residential treatment, day or night treatment with community housing, day or night treatment, outpatient treatment, intervention, intensive outpatient, and methadone medication-assisted treatment for opioid addiction. Providers shall have operating procedures that clearly state the criteria for admitting, retaining, transferring, and discharging individuals. This includes procedures for implementing these placement requirements.
    (2) Individuals must be assessed prior to admission to a service component to determine level of service need and choice of the individual. If the provider completing the assessment does not offer the service needed, the provider must refer the individual to the assessed level of care.
    (3) Primary Counselor, Orientation, and Initial Treatment Plan. This requirement applies to addictions receiving facilities, detoxification, intensive inpatient treatment, residential treatment, day or night treatment with community housing, day or night treatment, intensive outpatient treatment, outpatient treatment, and methadone medication-assisted treatment for opioid addiction.
    (a) Primary Counselor. A primary counselor shall be assigned to each individual placed in a component. This standard does not apply to detoxification and addictions receiving facilities.
    (b) Orientation. Each individual served must receive an orientation to the program at the time of admission and upon request. The orientation shall be in a language the individual or his or her representative understands. The individual’s acknowledgement of the orientation and receipt of required information must be documented in the clinical record. The orientation shall include:
    1. A description of services to be provided;
    2. A copy of the individual’s rights pursuant to chapter 397, part III, F.S.;
    3. A summary of the facility’s admission and discharge policies;
    4. A copy of the service fee schedule, financial responsibility policy, and applicable fees;
    5. Written rules of conduct for individual’s served which shall be reviewed, signed, and dated;
    6. A copy of the grievance process and procedure;
    7. General information about infection control policies and procedures;
    8. Limits of confidentiality;
    9. Information on parental or legal guardian‘s access to information and participation in treatment; and
    10. Information regarding advance directives which delineate the facility’s position with respect to the state law and rules relative to advance directives.
    (c) Individuals may not be retained in a facility when they require services beyond those for which the facility is licensed or has the functional ability to provide, as determined by the Medical Director in consultation with the facility chief executive officer or designee.
    (4) Transfer and Discharge. Providers must ensure safe and orderly transfers and discharges in accordance with the facility’s policies and procedures and in compliance with 42 C.F.R. part 2.
    (a) Inpatient and residential providers shall not discharge an individual prior to treatment completion based on inability to pay. With consent of the individual, the provider may transfer the individual to a state-funded provider with capacity to accept and treat the individual.
    (b) Inpatient and residential facilities must provide individuals and their guardians a minimum of 72 hours’ notice of proposed transfer or discharge, except, in the following circumstances, the facility shall give notice as soon as practicable before the transfer or discharge:
    1. The transfer or discharge is necessary for the individual’s welfare and the individual’s needs cannot be met by the facility, and the circumstances are documented in the individual’s clinical record;
    2. The health or safety of other program participants or facility staff would be endangered, and the circumstances are documented in the individual’s clinical record; or
    3. The individual leaves against medical advice.
Rulemaking Authority Florida Statutes § 397.321(5). Law Implemented 397.321, 397.410 FS. History-New 8-29-19.