Florida Regulations 65E-9.003: Licensure
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(1) An entity operating as a residential treatment center, including therapeutic group homes, shall first obtain a license from the Agency. All applicants for licensure must comply with the application requirements of chapters 394, part IV, 408, part II, F.S., and the requirements of the Agency in rule chapter 59A-35, F.A.C.
(2) Buildings that are separated from one another in which a similar level of residential care and treatment is provided may be licensed as one facility under the following circumstances:
(a) Such buildings are not separated by another building, part of a building, or buildings used for other purposes; and,
(b) Such buildings are not separated by obstructions that impede the rapid movement of staff between them.
(3) Accredited Programs. Programs accredited by The Joint Commission (TJC), Commission on Accreditation of Rehabilitation Facilities, (CARF), Council on Accreditation (COA), or National Committee for Quality Assurance (NCQA) shall provide proof of accreditation as required by Florida Statutes § 394.741 Application for licensure by accredited programs does not preclude monitoring by the department or managing entity under contract with the department, the Agency, county public health unit, local fire authority having jurisdiction and fire marshal, nor compliance with the provisions of these rules.
(4) Liability insurance coverage.
(a) Applicants shall provide proof of professional liability insurance coverage from an authorized insurer in an amount no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.
(b) Applicants shall provide proof of general liability insurance coverage from an authorized insurer in an amount no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.
(5) The license shall be displayed in a conspicuous location inside the facility.
(6) Program Closure. If the licensee voluntarily closes the facility, the licensee shall notify the Department and the Agency in writing at least 30 days prior to such closure. The program which is closing, with the assistance of the Department, managing entity under contract with the Department, Medicaid managed care plan and the Agency, shall attempt to relocate all persons receiving services, with their valid lawful consent, in other programs to which respective clinical records shall be transferred at the time the resident is relocated. The licensee shall notify the Agency, the Department and the managing entity under contract with the Department where the files of previously discharged residents will be stored.
(7) Program Closure Following Receivership Proceedings. By accepting a license under this chapter, the licensee agrees to cooperate with the Department and the AHCA in accepting the adversely affected individuals when closure of a program follows receivership proceedings as defined in Florida Statutes § 394.903
(8) Enforcement of these rules shall be in accordance with sections 394.879 and 394.902, F.S.
Rulemaking Authority 394.875(8), 394.879 FS. Law Implemented Florida Statutes § 394.875. History-New 7-25-06, Amended 9-24-08, 10-15-15.
Terms Used In Florida Regulations 65E-9.003
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(a) Such buildings are not separated by another building, part of a building, or buildings used for other purposes; and,
(b) Such buildings are not separated by obstructions that impede the rapid movement of staff between them.
(3) Accredited Programs. Programs accredited by The Joint Commission (TJC), Commission on Accreditation of Rehabilitation Facilities, (CARF), Council on Accreditation (COA), or National Committee for Quality Assurance (NCQA) shall provide proof of accreditation as required by Florida Statutes § 394.741 Application for licensure by accredited programs does not preclude monitoring by the department or managing entity under contract with the department, the Agency, county public health unit, local fire authority having jurisdiction and fire marshal, nor compliance with the provisions of these rules.
(4) Liability insurance coverage.
(a) Applicants shall provide proof of professional liability insurance coverage from an authorized insurer in an amount no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.
(b) Applicants shall provide proof of general liability insurance coverage from an authorized insurer in an amount no less than $300,000 per occurrence with a minimal annual aggregate of no less than $1,000,000.
(5) The license shall be displayed in a conspicuous location inside the facility.
(6) Program Closure. If the licensee voluntarily closes the facility, the licensee shall notify the Department and the Agency in writing at least 30 days prior to such closure. The program which is closing, with the assistance of the Department, managing entity under contract with the Department, Medicaid managed care plan and the Agency, shall attempt to relocate all persons receiving services, with their valid lawful consent, in other programs to which respective clinical records shall be transferred at the time the resident is relocated. The licensee shall notify the Agency, the Department and the managing entity under contract with the Department where the files of previously discharged residents will be stored.
(7) Program Closure Following Receivership Proceedings. By accepting a license under this chapter, the licensee agrees to cooperate with the Department and the AHCA in accepting the adversely affected individuals when closure of a program follows receivership proceedings as defined in Florida Statutes § 394.903
(8) Enforcement of these rules shall be in accordance with sections 394.879 and 394.902, F.S.
Rulemaking Authority 394.875(8), 394.879 FS. Law Implemented Florida Statutes § 394.875. History-New 7-25-06, Amended 9-24-08, 10-15-15.