Notice of Proposed Rule

AGENCY FOR HEALTH CARE ADMINISTRATION
Medicaid
RULE NO: RULE TITLE
59G-11.001: Purpose
59G-11.003: Agency Certification Process and Requirements
59G-11.004: Revocation of a 211 Number
PURPOSE AND EFFECT: To repeal Chapter 59G-11, F.A.C., Florida 211 Network Provider Certification requirements, that is obsolete. AHCA no longer has regulatory responsibility of these rules.
SUMMARY: The proposed repeal eliminates an obsolete rule. The rule reflects an obsolete program.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 409.918 FS.
LAW IMPLEMENTED: 409.918 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stephen Bradley, Medicaid Quality Management Bureau, 2727 Mahan Drive, Mail Stop 48, Tallahassee, Florida 32308-5407, (850)414-6606

THE FULL TEXT OF THE PROPOSED RULE IS:

59G-11.001 Purpose.

The purpose of this rule is to develop certification criteria for entities to become certified by the Agency as Florida 211 Network Providers as directed in subsection (2) of Section 408.918, Florida Statutes.

Rulemaking Specific Authority 408.918 FS. Law Implemented 408.918 FS. History–New 4-24-03, Repealed________.

 

59G-11.003 Agency Certification Process and Requirements.

(1) The Agency shall certify a single Florida 211 Network Provider for each county. This shall not preclude the Florida 211 Network Provider from serving multiple counties. To ensure the maximum use of the 211 number for information and referral services, the certified Florida 211 Network Provider shall be required to coordinate with all other information and referral services and the telecommunications companies within the designated county or counties. If the Agency receives more than one application for Florida 211 Network Provider certification from organizations representing the same county, the Agency will notify the organizations by certified mail that the Agency shall only accept one collaborative designation application per county.

(2) In order to become a Florida 211 Network Provider candidates shall submit to the Agency a Florida 211 Network Provider Certification Application Form 5700-0001 dated September 2002, which is incorporated herein by reference. Candidates shall also provide the Agency with written documentation verifying that the organization meets the following criteria:

(a) Provides 24-hour coverage, 7 days a week either on-site or through written arrangements with organizations for after hours coverage, that shall be provided by personnel monitoring the 211 phone line and shall not be answered through an answering service or answering machine;

(b) Adheres to the Alliance of Information and Referral Systems, Incorporated Standards for Professional Information and Referral, 4th edition, revised October, 2002, which is incorporated herein by reference, and is AIRS accredited, or has initiated the written application process and shall become accredited within three years;

(c) Has 25 percent or more of eligible staff with AIRS certification as information and referral specialists or resource specialists;

(d) Works collaboratively and has written agreements with specialized information and referral systems which shall include crisis centers, child care resource and referral programs, elder help-lines, homeless coalitions, designated emergency management systems, 911 and 311 systems;

(e) Has an established automated information tracking system that maintains call center data that shall include the following statistics: call volume, number of abandoned calls, average speed of answering, and average call length;

(f) Maintains a computerized information and referral system database that has up-to-date information and resource data and the capacity to collect caller information;

(g) Uses the Alliance of Information and Referral Systems and AIRS/INFO LINE Taxonomy and has incorporated the taxonomy into its resource data base;

(h) Publicizes 211 services through a written public awareness, marketing, advertising, and education plan to inform the public regarding available services;

(i) Provides teletyping (TTY) services for speech and hearing impaired individuals and multi-lingual accessibility either on-site, or through access to translators;

(j) Has formal agreements with clearinghouse agencies that provide volunteer or donation management services;

(k) Ensures quality of service and caller and customer satisfaction through follow-up and written outcome evaluations;

(l) Shares resource database information with other Florida 211 Network Providers;

(m) Tracks information on inquirer needs, unmet needs, and barriers to services and shares this data with other Florida 211 Network Providers, and local and state organizations;

(n) Uses a method common to all Florida 211 Network Providers to measure and evaluate outcomes for the operation of a 211 call center;

(o) Submits to the Agency an annual report documenting the information and referral services provided. The annual report shall include: geographical areas served, call volume, number of abandoned calls, average speed of answering, average call length, information on inquirer needs, unmet needs, and barriers to services. This report shall cover the previous year’s activities and shall follow the state’s fiscal year from July 1st through June 30th. The report shall be due to the Division of Medicaid in the Agency on or before August 1st of each year; and

(p) Adheres to the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

(3) Candidates with AIRS accreditation that submit a Florida 211 Network Provider Certification Application Form 5700-0001 dated September 2002, with accompanying written documentation that verifies compliance with the Agency’s certification criteria shall be certified for three years as a Florida 211 Network Provider.

(4) Candidates that have applied for, but have not yet received AIRS accreditation and that submit a Florida 211 Network Provider Certification Application Form 5700-0001 dated September 2002, with accompanying written documentation that verifies compliance with the Agency’s certification criteria, shall be certified by the Agency for one year as a Florida 211 Network Provider. Prior to certifying a candidate who does not have AIRS accreditation, the Agency shall conduct an on-site visit to review the candidate’s compliance with the Agency’s certification criteria.

(5) Within 45 days of the receipt of the initial Florida 211 Network Provider Certification Application Form 5700-0001 dated September 2002, the Agency shall notify a candidate of whether the candidate is in compliance with the Agency’s certification requirements. Such notification shall include a statement of deficiencies for candidates that are determined not in compliance with the certification requirements. Candidates determined by the Agency to not be in compliance with the certification requirements, shall submit a plan of correction to the Agency within 21 calendar days of receipt of the statement of deficiencies. The plan of correction shall include a list of corrective actions the candidate will take to remedy identified deficiencies and shall include the date by which each action shall be completed. Plans of correction shall be reviewed by the Agency for approval. The Agency shall notify candidates by certified mail of whether their plan of corrections has been approved. Candidates shall conform to the certification criteria within 45 days of receipt of the Agency’s notification of approval of the plan of correction, or shall be ineligible for certification by the Agency. Candidates that fail to submit and adhere to an approved plan of correction shall not be certified by the Agency as a Florida 211 Network Provider. Candidates shall be eligible to re-apply for Agency certification after one year from the date of notification by the Agency.

(6) If a Florida 211 Network Provider loses AIRS accreditation, yet is in compliance with the Agency’s certification criteria, the provider shall be granted a one-year provisional certification by the Agency as a Florida 211 Network Provider, if after consulting with AIRS it is deemed that the provider is eligible to reapply for re-accreditation. The Agency shall notify the provider by certified mail that it has one year from the date of loss of accreditation by AIRS to obtain re-accreditation. Within 45 days of notification, the provider shall submit to the Agency for approval a plan to secure AIRS accreditation within the provisional time frame.

(7) If the Agency determines that a Florida 211 Network Provider is not in compliance with the Agency’s certification criteria, the provider shall be notified by certified mail that it shall conform to the standards within 45 calendar days of receipt of the certified letter or lose certification by the Agency.

(8) If the Agency receives a written complaint that a Florida 211 Network Provider is in violation of the Agency’s certification criteria, the Agency shall initiate an investigation of the complaint within 21 calendar days of notification.

(9) The Agency shall renew a Florida 211 Network Provider’s certification which has AIRS accreditation for an additional 3 years, if the provider submits a new Florida 211 Network Provider Certification Application Form 5700-0001 dated September 2002, with accompanying written documentation that verifies compliance with the Agency’s certification criteria 60 days prior to the termination of the certification.

(10) The Agency shall renew the certification of a Florida 211 Network Provider which does not have AIRS accreditation, if the provider submits the following by at least 60 calendar days prior to the termination of the certification period: a new 211 Florida Network Provider Certification Application Form 5700-0001 dated September 2002; written documentation that verifies compliance with the remainder of the Agency’s certification criteria; and a written plan of how the provider intends to obtain AIRS accreditation. Prior to re-certifying a provider who does not have AIRS accreditation, the Agency shall conduct an on-site visit to review the provider’s compliance with the Agency’s certification criteria. The Agency shall renew certification for 1 year for a provider that does not have AIRS accreditation if the Agency finds that the provider is in compliance with the certification criteria subsequent to an on-site visit. Subsequent to the on-site visit the Agency shall notify a provider by certified mail if it is in violation of the Agency’s certification criteria. The provider shall have 45 days from receipt of the notification to become compliant. Providers who become compliant with the certification criteria within 45 days shall be granted an additional year of certification.

(11) Dispute resolution. Any dispute related to the Agency’s certification of a Florida 211 Network Provider shall be resolved pursuant to Chapter 120, Florida Statutes.

Rulemaking Specific Authority 408.918 FS. Law Implemented 408.918 FS. History–New 4-24-03, Repealed________.

 

59G-11.004 Revocation of a 211 Number.

The Agency shall request the Federal Communications Commission to direct the local exchange company to revoke the use of the 211 dialing code from any entity that leases a 211 number from a local exchange company but is not certified by the Agency. Prior to requesting revocation by the Federal Communications Commission and the local exchange company, the Agency shall notify the entity leasing the 211 number by certified mail that it has 30 days from receipt of the notification to submit the Florida 211 Network Provider Certification Application Form 5700-0001 dated September 2002, and accompanying documentation. If the entity leasing the 211 number fails either to submit a completed application and certification form within 30 days of receipt of the certified letter or become certified by the Agency, the Agency shall, after consultation with the local exchange company and the Public Service Commission, request that the Federal Communications Commission direct the local exchange company to revoke use of the 211 number.

Rulemaking Specific Authority 408.918 FS. Law Implemented 408.918 FS. History–New 4-24-03, Repealed________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Stephen Bradley, Medicaid Quality Management Bureau
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Holly Benson, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 10, 2009