65A-2.032: Optional State Supplementation Eligibility Criteria
PURPOSE AND EFFECT: The proposed rule provides language for the referral of residents who receive Optional State Supplementation.
SUBJECT AREA TO BE ADDRESSED: The language in the proposed rule refers residents who receive Optional State Supplementation to adult family care homes and provides the resident with an adult family care home referral notice.
SPECIFIC AUTHORITY: 409.212(7) FS.
LAW IMPLEMENTED: 409.212, 429.67(8) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: October 20, 2009, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, FL 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Pat Whitford, Economic Self-Sufficiency Services, telephone (850)410-3479
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
65A-2.032 Optional State Supplementation Eligibility Criteria.
(1) An eligible individual must be age 65 or older, or age 18 or older and blind or disabled as defined by Title XVI of the Social Security Act. Federal disability criteria are found at 20 C.F.R. § 416 20 CFR 416.
(2) No change.
(3) An eligible individual must be a United States citizen or a qualified non-citizen as defined in 8 U.S.C. § 1641(b) 8 USC s. 1641(b).
(4) An eligible individual must have income within standards established by the Department department in subsection 65A-2.036(3), F.A.C.
(5) No change.
(6) An individual must apply for and seek a determination of eligibility for all other monetary benefits for which they may be entitled or otherwise potentially eligible as required by federal regulation 20 C.F.R. § 416.210 20 CFR s. 416.210 for the SSI program and by federal regulation 42 C.F.R. § 435.608 42 CFR s. 435.608 for the Medicaid program.
(7) An eligible individual must be living in a licensed Assisted Living Facility (as defined in Section 429.02(5) 400.402, F.S.); a licensed Adult Family Care Home (as defined in Section 429.65(2) 400.618, F.S.); or, a licensed Mental Health Residential Treatment Facility (as defined in Section 394.67(22) 394.875, F.S.). Additionally, the facility must meet the individual’s needs based on objective medical and social evaluations and care plans, in accordance with Chapter 58A-5, 58A-14 or 65E-4, F.A.C., respectively.
(8) Pursuant to Section 429.67(8), F.S., the Department of Children and Families will refer residents who receive Optional State Supplementation to adult family care homes by providing the resident with the CF-ES 2202, PDF 08/2009, Adult Family Care Home Referral Notice.
(9)(8) When appropriated Optional State Supplementation funding is insufficient to meet fiscal demands, a proportional reduction will be applied to Optional State Supplementation payments, but shall not affect maintenance of effort required per s. 1618 of the Social Security Act § 1618.
(10) Copies of the form incorporated by reference in this rule are available from the ACCESS Florida Headquarters Office at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 or on the Department’s web site at: http://www.dcf.state.fl.us/DCFForms/Search/DCFFormSearch.aspx.
Rulemaking Specific Authority 409.212(7) FS. Law Implemented 409.212, 429.67(8) FS. History–New 1-1-77, Amended 9-29-81, 10-31-83, Formerly 10C-2.32, Amended 9-30-86, Formerly 10C-2.032, Amended 12-16-01,_________.