Notice of Proposed Rule

DEPARTMENT OF HEALTH
Division of Disease Control
Rule No.: RULE TITLE
64D-4.002: Definitions
PURPOSE AND EFFECT: The purpose and effect of this amendment will be to decrease the federal poverty level (FPL) from 400% to 300% FPL for the AIDS Drug Assistance Program (ADAP). The federal poverty level is used for eligibility purposes for the HIV/AIDS Patient Care Programs to better serve low income persons living with HIV disease. The change is part of the cost containment process to serve the neediest due to an unprecedented demand for services and lack of funding.
SUMMARY: The proposed revisions decrease the federal poverty level for those persons living with HIV/AIDS accessing ADAP.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 381.003(1)(c) FS.
LAW IMPLEMENTED: 381.011(1), 381.003(1)(c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: January 14, 2011, 10:00 a.m.
PLACE: Prather Building, Bureau of HIV/AIDS, Room 345Q, 2585 Merchants Row Boulevard, Tallahassee, Florida 32399
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 2 days before the workshop/meeting by contacting: Suzanne Stevens, (850)245-4335, Suzanne_Stevens@doh.state.fl.us. 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 IS: Suzanne Stevens, Bureau of HIV/AIDS, 4052 Bald Cypress Way, BIN #A09, Tallahassee, Florida 32399-1715, (850)245-4335, Suzanne_Stevens@doh.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

64D-4.002 Definitions.

For the purpose of this rule chapter, the words and phrases listed below are defined in the following manner:

(1) through (12) No change.

(13) Low Income means a gross household income at or below 400% of the FPL in accordance with subsection 64D-4.002(9), F.A.C., for all HIV/AIDS patient care programs in accordance with subsection 64D-4.002(12), F.A.C., excluding ADAP which will be at or below 300% of the FPL.

(14) through (15) No change.

Rulemaking Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 1-23-07, Amended 8-31-07, 3-21-08, 10-27-08, 3-30-09, Amended________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Suzanne Stevens, Patient Care
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana Viamonte Ros, M.D., M.P.H., State Surgeon General
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 3, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 10, 2010