Published on: 25535364. The purpose and effect of these rule amendments is to clarify the process and criteria for crisis enrollment onto the Agency for Persons with Disabilities’ (“Agency”) iBudget Florida system for the delivery of Medicaid Home ....
Published on: 15130853. that on September 30, 2014, the Agency for Persons with Disabilities has issued an order granting a petition for emergency variance.
Petitioner’s Name: Peter Digre, Deputy Secretary, Department of Children and Families,
Date Petition Filed: September 29, 2014.
Rule No.: 65G-1.047
Nature of the rule for which variance or waiver is sought: Crisis status criteria establishing priority for enrollment into the Home and Community-Based waiver.
Date Petition Published in the Florida Administrative Register: October 1, 2014.
General Basis for Agency Decision: Petitioner demonstrated that due to T.H.’s unique circumstances, strict application of the rule would create a substantial hardship and a result contrary to the intent of the statute.
Published on: 15123966. an emergency variance from rule 65G-1.047, from T.H., a medically complex and fragile 18-year old female, by and through Peter Digre, Deputy Secretary, Department of Children and Families. The rule sets forth crisis status for available waiver placement in a Home and Community-Based (HCBS) waiver (“waiver”) authorized by 42 U.S.C. 1396n(c) of the federal Social Security Act and section 409.906(13), F.S. Specifically, the rule establishes crisis status criteria whereby individuals determined to be in crisis are prioritized for available placements in order of severity of crisis relative to that of other applicants for crisis. The rule establishes a “first priority” for homeless applicants which includes those living in homeless shelters or in an unsafe environment. The rule provides for a “second priority” for those applicants who exhibit behaviors that are seriously harmful to themselves or others. Lastly, the rule provides a “third priority” where the applicant’s caregiver is in extreme duress and is no longer able to provide for the applicant’s health and safety because of illness, injury or advanced age, and immediate waiver services are necessary for the applicant to remain living with the caregiver or to relocate to an alternative living arrangement. Petitioner does not fall squarely within the priority crisis categories of the rule. Petitioner states that in her unique circumstances the rules creates an unintended substantial hardship for T.H. that would be inconsistent with the intent of the statute. Petitioner states that lack of funding from this program would displace T.H. from her facility and negatively impact her medical treatment, while enrolling her into the waiver would ensure continuity of T.H.’s care and serve the purposes of the HCBS program.
Any interested person or other agency may submit written comments within 5 days after the publication of this notice. Comments received will be made a part of the record regarding the petition for emergency variance.
Published on: 8658916. The purpose and effect of this Rule Development Workshop is to solicit public input on a petition that has been filed to amend Rule 65G-1.047, F.A.C. The Petition proposes that children living in out-of-home foster care without the possibility of a permanent placement be added to the “first priority” crisis category of the rule. This Notice was previously published on April 16, 2010 with an incorrect phone number. This is a revised notice with the correct phone number.
Published on: 8522631. The purpose and effect of these Rule Development Workshsops is to solicit public input on a petition that has been filed to amend Rule 65G-1.047, F.A.C. The Petition proposes that children living in out-of-home foster care without the possibility of a permanent placement be added to the “first priority” crisis category of the rule.
Published on: 3528586. Currently procedures relating to the crisis enrollment of eligible person with developmental disabilities in the Medicaid Home and Community-Based Services waiver are included in the Florida Medicaid Developmental Disabilities Waiver Services Coverage & Limitations Handbook, incorporated by reference in rule 59G-13-080, F.A.C. During the 2006 legislative session (ch. 2006-227, Laws of Florida), section 393.065, Florida Statutes, was amended to authorize the Agency for Persons with Disabilities to promulgate rules relating to crisis enrollment for waiver services. The purpose of the proposed rule is to adopt rule providing a procedure for persons with developmental disabilities to be considered for enrollment on a Medicaid Home and Community-Based Services waiver if the applicant demonstrates an immediate need for services.