FARR Certification Needs Clarification from DCF

FARR certification

FARR certificationState licensed addiction treatment facilities with licenses that include community housing are confused about whether they have to also be certified by the Florida Association of Recovery Residences (FARR) by July 1, 2018.  Attorney Karina Gonzalez  has filed a petition with the Department of Children and Families (DCF) to clarify the issue.  A fairly recent state law (397.4873, Fla. Stat.) requires addiction treatment service providers in Florida to refer clients only to recovery residences certified by FARR.

FARR is a private, non-governmental entity approved by DCF to develop and administer a voluntary certification program for recovery residences.  FARR has taken the position that it has also been approved to develop and administer a voluntary certification program for DCF-licensed community housing providers.  “We think,” attorney Gonzalez said, “they’ve got it wrong.  It makes no sense to stack the FARR certification requirement on top of existing state licensure.”

FARR Certification Deadline: Are Licensed Treatment Providers that are NOT Recovery Residences Required to get FARR Certified?

FARR Certification DeadlineBy: Karina Gonzalez

There are a rash of blogs, bulletins, memos, e-mails relaying that Florida DCF licensed Day/Night with Community Housing licensees (D/N with Community Housing) must be certified by FARR by July 1, 2018 in order to refer or accept referrals and not be sanctioned. The referral prohibitions in 397.4873 (2), Fla. Stat. show they apply after July 1, 2018 when a licensed service provider is referring to that provider’s wholly owned subsidiary. But there is no requirement for certification when the licensee, the entity licensed by DCF to provide services, is not  a wholly owned subsidiary.

As of June 12th, Florida Healthcare Law Firm has served a Petition for Declaratory Statement on the Agency by a Day/Night with Community Housing licensee to seek clarification on whether Voluntary Certification of Recovery Residences administered by FARR under 397.487 Fla. Stat. applies to a licensed D/N with Community Housing program when the community housing is owned by the same service provider.  Other D/N with Community Housing and Res 5 providers have a narrow window of opportunity to intervene in the action and work alongside FHLF to get clarification from DCF and potentially avoid FARR sanctions. Continue reading