The changes are in response to written comments received from the Joint Administrative Procedures Committee (JAPC). These changes include the following: correcting the rule number from 64F-16.001 to 64F-16.006; correcting the introduction of the text from “The preliminary text of the proposed rule development” to “The full text of the proposed rule is”; incorporating by reference the Health and Human Services poverty guidelines; reflecting that there is no change to subsection (2) of the rule; amending paragraph (3)(f) to reflect that all family planning methods will be limited depending on the availability of funds; amending subsection 64F-16.006(4), F.A.C., to reflect paragraphs (3)(a) through (h) instead of subsections (a) through (h); correcting the date the notice of proposed rule development was published in the Florida Administrative Weekly from September 2, 2009 to September 11, 2009; and deleting the history note that reflects the rule was amended in August 31, 2009. The foregoing changes (except the proposed rule development publication date) are reflected in the rule as follows:
The full text of the proposed rule is:
64F-16.006 Sliding Fee Scale.
(1) Persons with net family incomes between 101 and 200 percent of the Federal Office of Management and Budget Health and Human Services Ppoverty Gguidelines for the 48 Contiguous States and the District of Columbia (poverty guidelines), as published in January 23, 2009 rendition of the Federal Register, incorporated by reference and available at http://aspe.hhs.gov/poverty/ or per subsection 64F-16.001(6), F.A.C., shall be charged a fee on a sliding scale based on the following increments. For family planning services only, persons with incomes between 101 percent 200 and 250 percent of poverty shall be charged on a sliding fee scale as described in paragraph 64F-16.006(3)(h), F.A.C., below:
(a) through (g) No change.
(2) No change.
(3) This sliding fee scale applies to recipients of integrated family health and communicable disease control services, with the following exceptions: . . .
(a) through (e) No change.
(f) Clients served by CHDs and their subcontractors shall not be denied family planning services for failure or inability to pay a prescribed fee, regardless of their income; however all family planning methods the family planning services of inserting Norplant, and, male and female sterilization, shall be limited depending on the availability of funds. to pay for these services.
(g) Clients shall not be denied pregnancy testing for failure or inability to pay a fee.
(h) For family planning services only, persons with net family incomes between 101 percent and 250 200 percent of the Federal Office of Management and Budget poverty guidelines shall be charged a fee on a sliding scale based on the following increments:
1. Persons with incomes at or below 100 percent of the poverty guidelines shall pay no fee. Persons with incomes at 200 to 224 percent of the OMB poverty guidelines shall pay 90 percent of the full fee for family planning services.
2. Persons with incomes at 101 to 129 percent of the poverty guidelines shall pay 17 percent of the full fee. Persons with incomes at 225 to 249 percent of the OMB poverty guidelines shall pay 95 percent of the full fee for family planning services
3. Persons with incomes at 130 to 159 percent of the poverty guidelines shall pay 33 percent of the full fee. Persons with incomes at or above 250 percent of the OMB poverty guidelines shall pay the full fee for family planning services.
4. Persons with incomes at 160 to 189 percent of the poverty guidelines shall pay 50 percent of the full fee.
5. Persons with incomes at 190 to 219 percent of the poverty guidelines shall pay 67 percent of the full fee.
6. Persons with incomes at 220 to 250 percent of the poverty guidelines shall pay 83 percent of the full fee.
7. Persons with incomes at or above 251 percent of the poverty guidelines shall pay the full fee.
(4) Persons with net family incomes above 200 percent of the OMB poverty guidelines shall be charged the full fee promulgated by the department or the relevant board of county commissioners, with the exception of those groups listed in paragraphs (3) subsections (a) through (h) above.
Rulemaking Specific Authority 154.011(5) FS. Law Implemented 154.011 FS. History–New 10-14-93, Amended 8-2-94, 4-29-96, Formerly 10D-121.007, Amended 6-24-02, 6-17-03, .