The changes are in response to written comments received from the Joint Administrative Procedures Committee (JAPC) and other affected parties to provide clarification. The changes are as follows:
64D-4.001 Purpose.
Proposed Effective Date is 10-15-06.
Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 10-15-06.
64D-4.002 Definitions.
(1) “Allowable services” mean the HIV/AIDS patient care services listed in the current federal Glossary of Services as referenced by the Health Resources and Services Administration in the Ryan White CARE Act Title II Manual (2002), the eligible activities as governed by 24 CFR Part 574.300 (b)(1) and (6) by the U. S. Department of Federal Housing and Urban Development (HUD), (effective April 11, 1994), and the HIV/AIDS patient care services administered by the Department of Health, Bureau of HIV/AIDS, all of which are incorporated by reference and available upon request from the Department of Health, Bureau of HIV/AIDS at the 4052 Bald Cypress Way, Bin A09, Tallahassee, FL 32399-1715. Allowable Services are based on availability, accessibility and funding of the service.
(2) “Application” means the application, instructions and information in the brochure titled the Application and Eligibility Requirements (#DH 2133, effective10/15/06 Brochure, which is incorporated by reference. The Application and Eligibility Requirements brochure can be obtained at any Florida County Health Department.
(3) through (7) No change.
(8) “Economic Needs” mean essential items such as food, housing, clothing, transportation, personal needs and other like needs.
(8)(9) “Eligible” Renumbered.
(9)(10) “Eligibility Staff” Renumbered.
(10)(11) Federal Poverty Level” (FPL) means the poverty income levels effective February 2006) as published and updated annually by the U.S. Department of Health and Human Services (HHS), Federal Office of Management and Budget (OMB), which is incorporated by reference. The federal poverty guidelines are located on the Department of Health, Bureau of HIV/AIDS Website or can be obtained at any Florida County Health Department.
(11)(12) “Household Income” means income from all sources received by the applicant, the applicant’s spouse (if married) and other adult persons living in the home adults who contribute to the economic needs of the applicant. For purposes of household income, other adults including adult siblings, parents, significant others, partners or other relatives, if they contribute to the economic needs of the applicant. if they are included in the household size as defined in subsection 64D-4.002(12), F.A.C.
(12) “Household size” means the number of persons in an applicant’s household whose income is counted for purposes of determining the Federal Poverty Level defined in subsection 64D-4.002 (10) F.A.C. or this rule. Counted in household size are the applicant, the spouse (if married) and adults such as parents, adult siblings, adult children, significant others and partners who live with the applicant and meet one or more of the following:
(a) Claims the applicant as a dependent on a tax return.
(b) Claims the applicant on a health insurance policy. This does not apply to Life Insurance when the Applicant is claimed as the beneficiary.
(c) Has Legal Custody or other legal arrangement or guardianship of the applicant.
(d) Has commingled funds with the applicant such as banking accounts, savings accounts, business, mortgage agreement or other personal finances.
(13) No change.
(14) Low Income” means a gross household income less than or equal to at or below 300% of the FPL as published and updated annually by the Federal Office of Management and Budget (OMB) in accordance with subsection 64D-4.002(10), F.A.C. of this rule, and cash assets not to exceed $12,000. The FPL is incorporated by reference.
(15) “Program Qualifications” are program specific requirements to qualify for enrollment in the following single service specialty programs, after eligibility has been approved:
(a) through (c) No change.
(16) No change.
Proposed Effective Date is 10-15-06.
Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 10-15-06.
64D-4.003 Eligibility and Documentation Requirements.
(1) No change.
(2) Must be a resident in the state of Must be currently living in the state of
(3) through (7) No change.
Proposed Effective Date is 10-15-06.
Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 10-15-06.
64D-4.004 Determined Eligible or Ineligible.
(1) through (3) No change.
(4) An exception to the eligibility requirements must be approved by the Department or designated staff. The request for an exception must be initiated by the Eligibility Staff on the Request for Exception form, which is incorporated by reference and approved by the supervisor. No change to remaining text.
Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 10-15-06.
64D-4.005 Re-Determination and Continued Eligibility.
(1) through (3) No change.
(3)(a) A client is no longer a resident in the state of A client is no longer living in the state of
(b) through (d) through (4) No change.
Proposed Effective Date is 10-15-06.
Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 10-15-06.
64D-4.006 Rights and Responsibilities.
(1) No change.
(2) Failure to comply with the Rights and Requirements established in the Application at any time during the initial eligibility and re-determination process or while receiving services from the HIV/AIDS Patient Care Programs can result in time-limited suspension or final termination from the HIV/AIDS Programs indefinitely. will result in a written notification to the applicant or client by the Eligibility Staff with the following information:
(a) A Notice of Fair Hearing information advising the individual of their rights to a fair hearing if they are not satisfied or disagree with an action taken;
(b) A written explanation of the specific violation cited;
(c) A written explanation of how to remedy the problem by a specified time;
(d) Notification that time-limited suspension or final termination from the HIV/AIDS Program will result if the applicant or client fails to remedy the specified rights and responsibilities within a designated time frame.
Proposed Effective Date is 10-15-06.
Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 10-15-06.
NAME OF PERSON ORIGINATING PROPOSED RULE: Pamela McWilliams, Patient Care Program, Bureau of HIV/AIDS, Department of Health
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Tom Liberti, Chief, Bureau of HIV/AIDS, Department of Health.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 19, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 18, 2004