Section 65E-14.001 - Applicability(1) This chapter applies to all Substance Abuse and Mental Health (SAMH)-Funded Entities as defined in paragraph (2)(s), of this rule, when providing services using community substance abuse and mental health funds appropriated by the Legislature to the Department of Children and Families (Department) through the Community Substance Abuse and Mental Health Services budget entity.(2) Definitions. (a) "Acquisition cost" of an item means the net invoice price of the item including the cost of modifications, attachments, accessories, or auxiliary apparatus necessary to make the equipment usable for the purpose for which it was acquired, subject to the following special considerations:1. An item's acquisition cost may include ancillary costs related to the acquisition; such as installation, transportation, taxes, duty or transit insurance, if the organization's standard accounting practice identifies such ancillary charges as acquisition costs.2. If an item is purchased by trading in another item, the acquisition cost shall include the amount received for trade in plus any additional outlay.3. The acquisition cost of an item of real property shall include the net price for purchase, construction or fabrication of the property; and shall exclude the cost of rental, alterations or renovations to the property.(b) "Adult Family Members of the Household" means persons 18 years or older who are related by birth, marriage, or adoption and who live together in the same household.(c) "Approved budget" means a budget, including any revised budget, which has been approved by the contractor's or subcontractor's governing body and, where required, the department or Managing Entity.(d) "Audit" means a single or program-specific audit in accordance with 2 C.F.R. §§ 200.0 -.521, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, (January 1, 2014), http://www.flrules.org/Gateway/reference.asp?No=Ref-06630, herein incorporated by reference, as specified in subsection 65E-14.003(1), F.A.C., and Section 215.97, F.S.(e) "Client Fees" means compensation received by a service provider for services rendered to a specific individual from any source of funds, including local, state, federal and private sources.(f) "Covered Service" means a grouping of services that are similar in time, intensity, and function, and whose cost is generally the same.(g) "Equipment" means fixtures and other tangible personal property of a non-consumable and nonexpendable nature, the value of which is $5,000 or more and the normal expected life of which is one year or more; and hardback-covered bound books that are circulated to students or the general public, the value or cost of which is $25 or more, and hardback-covered bound books, the value or cost of which is $250 or more; and intangible data processing applications and/or computer software, regardless of its value. The value of donated equipment shall be based upon the item's market value at the time of donation.(h) "Facility" means land and buildings or any portion thereof, equipment, individually or collectively, or any other tangible capital asset, wherever located, and whether owned or leased by the organization.(i) "First Party Payer" means the individual receiving services.(j) "Individual, " means a person of any age who receives substance abuse or mental health services from an entity subject to the provisions of this chapter. For the purposes of this chapter, "individual" has the same meaning as "client, " "patient" or "person" as used throughout chapter 394 or 397, F.S.(k) "Matching" means the value of third-party funds and in-kind contributions and resources received, expended and identified by a service provider operating under a contract with the department or a service provider operating under a subcontract with a Managing Entity to defray an amount established by statute or funding source of allowable costs of operating SAMH-funded programs pursuant to this chapter.(l) "Ownership costs" means those costs incurred in relation to ownership of real and tangible personal property, including allowable interest, depreciation, taxes, insurance and normal maintenance.(m) "Plan of care" means a plan developed by the service provider and the person served which delineates goals for the person served and the services to be provided to meet those goals. This includes, but is not limited to, recovery plans, service plans, treatment plans, and case management plans.(n) "Program income" means income earned by a service provider for activities where part of the cost of those activities is paid for by the department. Program Income does not include: 1. Revenues raised by a government contractor under its governing powers, such as taxes, special assessments, levies, fines, and fees, or2. Tuition and related fees received by an institution of higher education for a regularly offered course taught by an employee of the SAMH-Funded Entity.(o) "Programs" mean the Adult Substance Abuse, Children's Substance Abuse, Adult Mental Health, and Children's Mental Health programs administered by the Department of Children and Families.(p) "Real property" means land, building, appurtenances thereto, fixtures and fixed equipment, structures, including additions, replacements, major repairs and renovations to real property which materially improve or change its functional use.(q) "Regional plan" means the combination of all substance abuse and mental health plans applicable to districts within each region as approved by the department's SAMH regional administrator and governing bodies in accordance with section 394.75, F.S.(r) "Related party" means an entity's business affiliates, officers and directors and their family members; employees; investors whose investments are accounted for by the equity method; employee benefit trusts that are managed by or under the trusteeship of the entity's board or management; and parties with which the entity may deal if one party controls or can significantly influence the management or operating policies of the other to an extent that one of the parties would be prevented from fully pursuing its own separate interest.(s) "Substance Abuse and Mental Health (SAMH)-Funded Entity" means an entity under contract with the department or subcontracting with a department contractor, which receives public funds legislatively appropriated to the department to provide community substance abuse or mental health services. This definition specifically includes behavioral health Managing Entities as defined in section 394.9082, F.S., service providers operating under a contract with the department, and service providers operating under a subcontract with a Managing Entity.(t) "Second Party Payer" or "Responsible Party" means any person legally responsible for the financial support of the individual receiving services, and may include parents of a minor, a spouse, a guardian, representative payee or trustee in a fiduciary capacity for handling benefit payments, trusts and estates established or received for the financial support of the individual served.(u) "Service Provider" as defined in Section 394.455 or 397.311, F.S.(v) "Sliding Fee Scale" means a schedule of fees for identified services based on a uniform schedule of discounts deducted from a service provider's established client charges pursuant to section 394.674(4)(a), F.S.(w) "Supplies" means all tangible personal property other than "equipment" as defined in this chapter.(x) "Third-party in-kind contribution" means property or services which benefit a state-supported service program or project, and which are contributed by non-state and federal third parties without charge to the SAMH-Funded Entity.(y) "Third Party Payer" means commercial insurers such as workers' compensation, TRICARE, Medicare, Health Maintenance Organizations, Managed Care Organizations, or other payers liable, to the extent that they are required by contract or law, to participate in the cost of providing services to a specific individual.Fla. Admin. Code Ann. R. 65E-14.001
Rulemaking Authority 394.74, 394.78(1), 394.9082(3), 397.321(5) FS. Law Implemented 394.74, 394.77, 394.9082, 397.481 FS.
New 2-23-83, Amended 2-25-85, Formerly 10E-14.01, Amended 7-29-96, Formerly 10E-14.001, Amended 7-1-03, 12-14-03, 1-2-05, Amended by Florida Register Volume 40, Number 136, July 15, 2014 effective 7/27/2014, Amended by Florida Register Volume 42, Number 071, April 12, 2016 effective 4/27/2016, Amended by Florida Register Volume 49, Number 011, January 18, 2023 effective 1/31/2023.New 2-23-83, Amended 2-25-85, Formerly 10E-14.01, Amended 7-29-96, Formerly 10E-14.001, Amended 7-1-03, 12-14-03, 1-2-05, 7-27-14, 4-27-16, 1-31-23.