Notice of Development of Rulemaking

AGENCY FOR HEALTH CARE ADMINISTRATION
Medicaid
RULE NO: RULE TITLE
59G-13.050: Assisted Living for the Elderly Services
PURPOSE AND EFFECT: The purpose of Rule 59G-13.050, F.A.C., incorporates by reference the revised Florida Medicaid Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010. The rule will update policies and procedures for Assisted Living for the Elderly Waiver Services. The Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook was previously incorporated by reference under Rule 59G-13.080, F.A.C., when it was combined with the Assistive Care Services Coverage and Limitations Handbook. This handbook has now been separated and the Assistive Care Services Coverage and Limitations Handbook is now incorporated by reference under Rule 59G-4.025, F.A.C.
SUBJECT AREA TO BE ADDRESSED: Assisted Living for the Elderly Services.
SPECIFIC AUTHORITY: 409.919 FS.
LAW IMPLEMENTED: 409.902, 409.906, 409.907, 409.908, 409.912, 409.913 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: Wednesday, May 26, 2010, 11:00 a.m. – 12:00 Noon
PLACE: Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Conference Room B, Tallahassee, Florida 32308-5407
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 48 hours before the workshop/meeting by contacting: Carol Schultz at the Bureau of Medicaid Services, (850)412-4256. 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: Carol Schultz, Medicaid Services, 2727 Mahan Drive, Mail Stop 20, Tallahassee, Florida 32308-5407, telephone: (850)412-4256, e-mail: carol.schultz@ahca.myflorida.com

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

59G-13.050 Assisted Living for the Elderly Services.

(1) This rule applies to all Assisted Living for the Elderly Waiver Services providers enrolled in the Medicaid program.

(2) All Assisted Living for the Elderly waiver services providers enrolled in the Medicaid program must be in compliance with the Florida Medicaid Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010, incorporated by reference, and the Florida Medicaid Provider Reimbursement Handbook, CMS-1500, which is incorporated by reference in Rule 59G-4.001, F.A.C. Both handbooks are available from the Medicaid fiscal agent’s Web Portal at http://mymedicaid-florida.com. Select Public Information for Providers, then Provider Support, and then Provider Handbooks. Paper copies of the handbook may by obtained by calling the Medicaid fiscal agent at (800)289-7799 and selecting option 7.

(3) The following forms that are included in the Florida Medicaid Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010, are incorporated by reference:

(a) Appendix A contains the Comprehensive Assessment Instrument, DOEA Form 701b, September 2008, eight pages, available from the Department of Elder Affairs: http://elderaffairs.state.fl.us/index.php. The form may also be copied from the Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010.

(b) Appendix B contains the Medical Certification for Nursing Facility/Home and Community Based Services Form, AHVA-Med Serv Form 3008, May 2009, two pages, is available from the Department of Elder Affairs: http://elderaffairs.state.fl.us/index.php. The form may also be copied from the Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010.

(c) Appendix C contains the Informed Consent Form (English and Spanish), AHCA-Med Serv Form 2040, May 2009, one page, available from the Department of Elder Affairs: http://elderaffairs.state.fl.us/index.php. The form may also be copied from the Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010.

(d) Appendix D contains the Notification of Level of Care, DOEA-CARES Form 603 (Revised March 2003), one page, incorporated by reference in Rule 59G-13.030, F.A.C. The form is mailed to the provider by the Department of Elder Affairs, CARES Unit.

(e) Appendix E contains the Notice of Hospice Election Waiver, AHCA Form 5000-29, October 2003, one page, the Cooperative Agreement for a Hospice and Medicaid Waiver Enrolled Recipient, AHCA Form 5000-30, October 2003, one page, and the Attachment to Cooperative Agreement for a Hospice and Medicaid Waiver Enrolled Recipient, AHCA Form 5000-30A, October 2003. All forms are incorporated by reference in Rule 59G-4.140, F.A.C. All forms are available by photocopying from the Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010.

(f) Appendix F contains the Assisted Living for the Elderly Waiver Services Worksheet for Calculating Recipient’s Daily Waiver Rate, AHCA-MedServ Form 016, one page. The form is available by photocopying from the Assisted Living for the Elderly Waiver Services Coverage and Limitations Handbook, April 2010.

Rulemaking Authority 409.919 FS. Law Implemented 409.902, 409.906, 409.907, 409.908, 409.912, 409.913 FS. History– New________.