3548859, 65EER07-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 3548859

Notice of Emergency Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Mental Health Program

Overview

RULE:

65EER07-1

An Amendment to 65E-14.021(5) providing the department the ability to reserve the right to purchase additional forensic beds through the use of an additional payment method.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

In fiscal year 2005-2006, the number of individuals committed to the Department of Children and Families increased by an unprecedented 16 percent over the previous fiscal year. As of January 17, 2007, there are 298 individuals awaiting placement in a state forensic facility. All of these individuals are committed to the Department of Children and Families pursuant to Chapter 916, Florida Statutes, as incompetent to proceed, or not guilty by reason of insanity, on a felony offence. Section 916.107(1)(a), Florida Statutes, requires the Department to place individuals in a forensic facility within 15 days of receipt of a commitment package from the courts. Individuals admitted to a secure forensic facility during the first two quarters of the current fiscal year (July-December 2006) waited an average of 81 days in a county jail before admission. This delay in forensic placement also delays necessary mental health treatment for affected individuals.
In response to this situation, on January 10, 2007, the Department received approval from the Legislative Budget Commission to transfer $16,607,711 in general revenue funds for the immediate treatment of these clients. This funding will allow for an additional 220 secure forensic beds and 140 community residential treatment beds.
Currently, Rule 65E-14.021, Florida Administrative Code, requires that residential services be paid for based on physical occupancy of a client for a 24-hour period. The providers of residential services are able to sell residential capacity to a variety of sources, and compliance with the rule does not create an undue financial burden on providers. In order to serve forensic clients, the Department must be able to guarantee capacity. This means that providers must maintain a certain number of beds for forensic clients, regardless of whether or not the beds are occupied for any given 24-hour period. The Department cannot guarantee that all designated forensic-client beds supplied by community residential providers will be occupied during any given 24-hour period. This limitation has made potential providers of these beds financially incapable of providing them. The current rule is, therefore, preventing the Department from securing additional bed capacity needed to address the crisis situation in the forensic mental health treatment system.
This emergency rule will enable the Department to purchase additional beds to serve forensic clients because it will allow the Department to purchase bed availability. Providers will not be limited to billing for a bed only if each 24-hour period of continuous occupancy. This will enable the Department to more effectively manage the forensic waiting list by more timely effecting appropriate placement of individuals committed to the Department pursuant to Chapter 916, Florida Statutes. The more timely placements will ensure that incompetent criminal defendants receive appropriate treatment in a more timely manner. Failure to proceed in the manner authorized by this emergency rule will prevent the Department from securing sufficient bed capacity to ensure the timely placement of individuals committed to the Department pursuant to Chapter 916, Florida Statutes.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Department of Children and Families, in utilizing the emergency rule to ensure more timely placement and treatment to criminal defendants with mental illness, will not adversely impact anyone’s substantial interests. Because of the acute nature of the current situation, the Department must reserve the right to control all admissions to beds purchased in this effort to bring the State in compliance with Section 916.107(1)(a), Florida Statutes. In order to exercise that control, it is imperative that the Department reimburse contracted providers based on the availability, rather than the continuous occupancy, of residential bed. For these reasons, the emergency rule is fair under the circumstances.

SUMMARY:

This emergency rule amends subsection 65E-14.021(5), Florida Administrative Code, to provide the Department the ability purchase additional forensic beds through the use of a payment method not provided for in the current rule. The emergency rule will enable the Department to purchase forensic mental health treatment beds from community providers of services who would not be financially able to provide those beds under the existing rule.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Amy Johnson, 1317 Winewood Boulevard, Tallahassee, Florida 32399, (850)413-0934

PRINT PUBLISH DATE:

2/2/2007 Vol. 33/05

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65EER07-1&PDate=2/2/2007&Section=4

REFERENCE MATERIALS:

No reference(s).

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