Notice of Development of Rulemaking

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Agency for Persons with Disabilities
RULE NO: RULE TITLE
65G-4.002: Service Delivery.
PURPOSE AND EFFECT: The purpose of the rule is to implement a four-tiered waiver system to serve clients with developmental disabilities in the developmental disabilities and family and supported living waivers. The Waiver Tiers are defined as follows:
(1) Tier One shall be limited to clients who have service needs that cannot be met in Tiers Two, Three, or Four for intensive medical or adaptive needs and that are essential for avoiding institutionalization or who possess behavioral problems that are exceptional in intensity, duration, or frequency and present a substantial risk of harm to themselves or others.
(2) Tier Two shall be limited to clients whose service needs include a licensed residential facility and greater than 5 hours per day in residential habilitation services or clients in supported living who receive greated than 6 hours per day of in-home support services. Total annual expenditures under Tier Two may not exceed $55,000 per client each year.
(3) Tier Three shall include, but is not limited to, clients requiring residential placements, clients in independent or supported living situations, and clients who live in their family home. Total annual expenditures under Tier Three may not exceed $35,000 per client each year.
(4)Tier Four is the family and supported living waiver. Tier Four shall include but not be limited to clients in independent or supported living situations and clients who live in their family home. An increase to the number of services available to clients in this tier shall not take effect prior to July 1, 2008. Total annual expenditures under Tier Four may not exceed $14,792 per client each year.
The rule will also establish the Waiver Tier Models that provide a basic description of the individuals receiving Waiver Tier services, the level and type of services for each Waiver Tier client, and a monetary cap for each Waiver Tier level of service.
SUBJECT AREA TO BE ADDRESSED: Four Tier Waiver System for Servicing Clients with Developmental Disabilties.
SPECIFIC AUTHORITY: 393.501 FS. (2007)
LAW IMPLEMENTED: 393.0661 FS. (2007)
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: December 21, 2007, 1:00 p.m. – 5:00 p.m.
PLACE: Agency for Persons with Disabilities, 4030 Esplanade Way, Conference Room 301, Tallahassee, Florida 32399-0950
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Linda Mabile at (850)487-4842. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Linda Mabile, Home and Community-Based Services, (850)487-4842, or linda_mabile@apd.state.fl.us

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.