Notice of Development of Rulemaking

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Agency for Persons with Disabilities
Rule No.: RULE TITLE
65G-4.0028: Tier Two Waiver
65G-4.0029: Tier Three Waiver
65G-4.00291: Tier Four Waiver
PURPOSE AND EFFECT: The Purpose and effect of this rule is to amend existing rules to be consistent with recently amended Section 393.0661(3), Florida Statutes, by reducing the expenditure limit for the Tier Two, Tier Three and Tier Four waiver and providing that Tier Four includes individuals who were enrolled in the family and supported living waiver on July 1, 2007.
SUBJECT AREA TO BE ADDRESSED: Expenditure limits for the Tier Waivers.
SPECIFIC AUTHORITY: 393.0661(3) FS.
LAW IMPLEMENTED: 393.0661(3) 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.
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 7 days before the workshop/meeting by contacting: Marc Ito, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380, Tallahassee, Florida 32399, marc_ito@apd.state.fl.us, (850)922-4556. 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: Marc Ito, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 380, Tallahassee, Florida 32399, marc_ito@apd.state.fl.us, (850)922-4556

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

65G-4.0028 Tier Two Waiver.

The total budget in a cost plan year for each Tier Two Waiver client shall not exceed $53,625 $55,000. The Tier Two Waiver is limited to clients who meet the following criteria:

(1) through (2) No change.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History–New 3-7-10, Amended________.

 

65G-4.0029 Tier Three Waiver.

The total budget in a cost plan year for each Tier Three Waiver client shall not exceed $34,125 $35,000. A client must meet at least one of the following criteria for assignment to the Tier Three Waiver:

(1) through (7) No change.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History–New 3-7-10, Amended________.

 

65G-4.00291 Tier Four Waiver.

(1) The total budget in a cost plan year for each Tier Four Waiver client shall not exceed $14,422 $14,792 per year.

(2) Tier four includes individuals who were enrolled in the family and supported living waiver on July 1, 2007, who shall be assigned to this tier without the assessments required by this section.

(3)(2) Clients who are not eligible for assignment to the Tier One Waiver, the Tier Two Waiver, or the Tier Three Waiver shall be assigned to the Tier Four Waiver.

Rulemaking Authority 393.0661(3) FS. Law Implemented 393.0661(3) FS. History–New 3-7-10, Amended________.