65A-2.032. Optional State Supplementation Eligibility Criteria

(1) An eligible individual must be age 65 or older, or age 18 or older and blind or disabled as defined by Title XVI of the Social Security Act (SSA). Federal disability criteria are found at 20 C.F.R. §§416 et seq.

(2) An eligible individual must be living in the state of Florida with the intent to remain.

(3) An eligible individual must be a United States citizen or a qualified noncitizen as defined in 8 U.S.C. §1641(b).

(4) An eligible individual must have income within standards established by the Department in subsection 65A-2.036(3), F.A.C.

(5) An eligible individual must have assets within SSA Title XVI standards for Supplemental Security Income (SSI).

(6) An individual must apply for and seek a determination of eligibility for all other monetary benefits for which they may be entitled or otherwise potentially eligible as required by 20 C.F.R. §416.210 for the SSI Program and by 42 C.F.R. §435.608 for the Medicaid Program.

(7) An eligible individual must be living in a licensed Assisted Living Facility as defined in Section 429.02(5), F.S.; a licensed Adult Family Care Home as defined in Section 429.65(2), F.S.; or a licensed Mental Health Residential Treatment Facility as defined in Section 394.67(23), F.S. Additionally, the facility must meet the individual’s needs based on objective medical and social evaluations and care plans, in accordance with Chapter 59A-36, 59A-37 or 65E-4, F.A.C., respectively.

(8) Pursuant to Section 429.67(8), F.S., the Department of Children and Families will refer residents who receive Optional State Supplementation (OSS) to adult family care homes by providing the resident with the Adult Family Care Home Referral Notice, CF-ES 2202, 08/2009, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13625. The following non-English versions of the Adult Family Care Home Referral Notice are incorporated by reference: CF-ES 2202H (Creole), 08/2009, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13625, and CF-ES 2202S (Spanish), 08/2009, http://www.flrules.org/Gateway/reference.asp?No=Ref-13626.

(9) When appropriated OSS funding is insufficient to meet fiscal demands, a proportional reduction will be applied to OSS payments, but shall not affect maintenance of effort required per 42 U.S.C. §1382g.

(10) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 409.212(7), 429.67(8) FS. Law Implemented 409.212, 429.67(8) FS. History–New 1-1-77, Amended 9-29-81, 10-31-83, Formerly 10C-2.32, Amended 9-30-86, Formerly 10C-2.032, Amended 12-16-01, 2-25-10, 10-26-21.