Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 35, September 3, 2010 issue of the Florida Administrative Weekly.

65G-11.001(9) is amended:.

(9) “Wait list Priority Checklist” is the tool completed at the time an eligible individual applies for waiver-funded services and provides an indication of the category that the individual will be placed on the wait list. This checklist identifies services needed and current services received and requests information about the individual’s current and short-term life situation, condition and circumstances. The checklist is reviewed on an annual basis and is updated when the Agency is notified that the individual’s needs and circumstances have changed. The Wait list Prioritization Checklist, APD Form WL-01, August 2010, is hereby incorporated by reference and may be accessed on the APD website at: http://apdcares.org/customers/waitlist/docs/ wait-list-categorization-checklist.xls.

Rulemaking Authority 393.065(7) FS. Law Implemented 393.065(5) FS. History–New_________.

65G-11.002 is amended:

(1) In accordance with Chapter 393, F.S., beginning July 1, 2010, the Agency will assign a category of priority for the wait list by collecting information about the individual’s needs and the status of the individual’s caregiver if applicable. If funding is available, the Agency shall offer waiver enrollment to individuals on the waitlist in the order of the categories, category 1 being the top category. Within categories 3 through 7 ~~each category~~, the date the individual was determined eligible for the wait list shall determine the order for receiving waiver services.

(5) Category 3 includes the following individuals:

(a) Individuals for whom the caregiver has a condition or circumstance that is expected to render the caregiver unable to provide care within the next twelve months and other caregivers are unable, unwilling or unavailable to provide care. The evaluation of the caregiver’s condition or circumstance should consider the level of care necessitated by the client’s needs and the caregiver’s ability to provide that level of care. The condition or circumstance that renders the caregiver unable must be documented by a physician’s statement if it is a medical condition and must explain the reason the current caregiver can no longer provide the individual’s care. If the Ccaregiver is paid by any source for their services to the individual there is a rebuttable presumption that another paid provider could be substituted and therefore that another caregiver is available to provide care. The cClient mMay pPresent evidence to show that this presumption is not correct under their particular circumstances. Circumstances that are not medical in nature must be described and signed by the caregiver ~~and notarized~~. This documentation will be provided to the Area Office for a determination of eligibility for Category 3.

Rulemaking Authority 393.065(7) FS. Law Implemented 393.065(5) FS. History–New________.

65G-11.003 No change.