65A-1.204. Rights and Responsibilities

(1) An individual has the right to apply for assistance, to have eligibility determined, and if found eligible, to receive benefits. The applicant for or recipient of public assistance must assume the responsibility of furnishing information, documentation and verification needed to establish eligibility. If the information, documentation or verification is difficult for the individual to obtain, the Department must provide assistance in obtaining it when requested or when it appears necessary.

(2) The individual has the right of confidentiality in accordance with subsection (3) below, to receive prompt action, equitable treatment, notification of any case action taken and to receive a fair hearing due to an appeal of case action. The Department provides the individual with Your Rights and Responsibilities, CF-ES 2064, 07/2016, http://www.flrules.org/Gateway/reference.asp?No=Ref-07159, incorporated by reference, to explain these and other rights and responsibilities.

(3) All individuals have the right to a confidential relationship with the Department pursuant to the following federal regulations, federal statutes and Florida Statutes: for the Food Assistance Program, 7 U.S.C. § 2020(e)(8), 7 C.F.R. § 272.1(c), Sections 414.295, 414.31, F.S.; for the Medicaid Program, 42 U.S.C. § 1396a(a)(7), 42 C.F.R. §§ 431.300-431.306, Sections 409.902, 414.295, F.S.; and, for the Cash Assistance Program, 42 U.S.C. § 602(a)(1)(A)(iv), 45 C.F.R. § 205.50, and Sections 414.106 and 414.295, F.S. Information obtained by the Department is considered confidential state agency material and is not subject to the Freedom of Information Act.

(4) Fair hearings are conducted in accordance with the Department’s hearing procedures in Chapter 65-2, F.A.C. The Office of Appeal Hearings Hearing Request, CF-ES 1007, 10/2005, incorporated by reference, can be used to request fair hearings. An individual can also request a fair hearing either orally or in writing without using the form.

(5) Copies of materials incorporated by reference are available from the Economic Self-Sufficiency Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, or on the Department’s website at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.

Rulemaking Authority 409.919, 414.45 FS. Law Implemented 409.903, 409.904, 414.095, 414.295, 414.31 FS. History–New 4-9-92, Amended 11-22-93, Formerly 10C-1.204, Amended 12-29-98, 5-9-02, 3-9-03, 6-4-12, 7-18-16.