Florida Regulations 65G-3.006: Discrimination and Retaliatory Conduct
Current as of: 2024 | Check for updates
|
Other versions
(1) Service providers are prohibited from:
(a) Taking any action that qualifies as illegal discrimination against any client receiving services in the receipt of those services.
(b) Prejudicing the future provision of appropriate services when the client or the client’s individual representative attempts to advocate with the Agency, a government entity, or advocacy organization for desired services. Providing factual information regarding a client that is pertinent to ensure the safety, health, and welfare of the client and third parties shall not be considered “”prejudicing the future provision of appropriate services.””
(c) Taking any action that qualifies as retaliatory conduct againt a client or the client’s individual representative if either has complained about the service provider to the Agency, a governmental entity or advocacy organization, or any other individual or entity.
(2) In cases where the Agency has determined the provider has engaged in retaliatory conduct, illegal discriminatory conduct, or withheld factual information, as described within this section, the Agency may initiate action against the service provider’s license, pursuant to chapter 65G-32, F.A.C., or any contract with the Agency, including the Medicaid Waiver Services Agreement, in accordance with the provisions of applicable state law and administrative rules.
Rulemaking Authority Florida Statutes § 393.125(2), 393.501(1) FS. Law Implemented 393.125(2) FS. History-New 12-10-91, Amended 5-19-93, Formerly 10F-8.033, 65B-8.033, Amended 6-4-19.
Terms Used In Florida Regulations 65G-3.006
- Contract: A legal written agreement that becomes binding when signed.
(b) Prejudicing the future provision of appropriate services when the client or the client’s individual representative attempts to advocate with the Agency, a government entity, or advocacy organization for desired services. Providing factual information regarding a client that is pertinent to ensure the safety, health, and welfare of the client and third parties shall not be considered “”prejudicing the future provision of appropriate services.””
(c) Taking any action that qualifies as retaliatory conduct againt a client or the client’s individual representative if either has complained about the service provider to the Agency, a governmental entity or advocacy organization, or any other individual or entity.
(2) In cases where the Agency has determined the provider has engaged in retaliatory conduct, illegal discriminatory conduct, or withheld factual information, as described within this section, the Agency may initiate action against the service provider’s license, pursuant to chapter 65G-32, F.A.C., or any contract with the Agency, including the Medicaid Waiver Services Agreement, in accordance with the provisions of applicable state law and administrative rules.
Rulemaking Authority Florida Statutes § 393.125(2), 393.501(1) FS. Law Implemented 393.125(2) FS. History-New 12-10-91, Amended 5-19-93, Formerly 10F-8.033, 65B-8.033, Amended 6-4-19.