Notice of Development of Rulemaking

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Agency for Persons with Disabilities
RULE NO: RULE TITLE
65G-4.0023: Tier Two Waiver
PURPOSE AND EFFECT: To comply with Section 393.0661, F.S., requiring the Agency to implement the Second Tier of a Four Tiered Waiver System to serve clients with developmental disabilities.
SUBJECT AREA TO BE ADDRESSED: As amended in HB 5087 in 2008, Section 393.0661, F.S., now requires that the Agency amend the criteria for Tier Two of the Four Tiered Waiver System so that residential habilitation service clients are categorized by a moderate level of standard support or a minimal level of support for behavior focus residential habilitation services.
SPECIFIC AUTHORITY: 393.0661(3) FS.
LAW IMPLEMENTED: 393.0661(3)(b) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Denise Arnold, Acting Bureau Chief, Home and Community Based Services, (850)488-3673

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

65G-4.0023 Tier Two Waiver.

The total budget in a cost plan year for each Tier Two Waiver client shall not exceed $55,000. The Tier Two Waiver is limited to clients who meet the following criteria:

(1) The client’s service needs include placement in a licensed residential facility and authorization for a moderate level of support for standard residential habilitation services or a minimal level of support for behavior focus residential habilitation services; greater than five hours per day of residential habilitation services; or

(2) The client is in supported living and is authorized to receive more than six hours a day of in-home support services.

(3) This rule shall take effect July 1, 2008.

Specific Authority 393.0661(3) FS. Law Implemented 393.0661(3)(b) FS. History–New 7-1-08, Amended_________.