65A-2.022. Rights and Responsibilities  


Effective on Wednesday, October 2, 2013
  • 1(1) Any individual has the right to apply for Optional State Supplementation (OSS) and, if found eligible according to these rules and Section 24409.212, F.S., 26to receive an established monthly payment. The OSS payment is made to assist individuals residing in Assisted Living Facilities and Adult Family Care Homes with the cost of room and board. Optional State Supplementation payments are made to individuals residing in facilities covered by subsection 7165A-2.032(7), 72F.A.C., and within the coverage groups specified in subsections 8165A-2.033(1) 82through (4), F.A.C. Additionally, the Optional State Supplementation payment is made to assist individuals residing in those Mental Health Residential Treatment Facilities (MHRTFs) that are enrolled as qualified Medicaid providers of Assistive Care Services (ACS) with room and board. The OSS payments are made to individuals residing in MHRTFs that are not enrolled as qualified Medicaid providers of ACS, and for the individuals covered under subsections 14865A-2.033(3) 149and (4), F.A.C., is inclusive of room, board and personal care. The individual’s use of the personal needs allowance is not restricted.

    171(2) An authorized representative as defined in subsection 17965A-1.203(9), 180F.A.C., may be designated to act on behalf of the individual in any matter pertaining to the individual’s OSS eligibility. Designation may be made by the individual, or a person knowledgeable of the individual’s affairs may be self-designated as the individual’s representative. The authorized representative may be identified on the Appointment of a Designated Representative, CF-ES 2505, 07/2013, 238http://www.flrules.org/Gateway/reference.asp?No=Ref-03155, 240incorporated by reference.

    243(3) The individual is responsible for providing all facts necessary to establish initial and continuing eligibility. The individual is also responsible to notify the Department of any changes in circumstances that could affect their eligibility within ten days of the date of the change.

    287(4) The Department is responsible for providing prompt action in accordance with subsections 30065A-2.023(1) 301and (2), F.A.C., equitable treatment in accordance with Rules 31065A-1.204 311and 31265A-2.031, 313F.A.C., and timely notification in accordance with subsection 32165A-2.023(2), 322F.A.C., of any decision regarding an individual’s payment or eligibility status.

    333(5) Copies of the form incorporated by reference in this rule 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.

    365Rulemaking Authority 367409.212(7) FS. 369Law Implemented 371409.212 FS. 373History–New 1-1-77, Formerly 10C-2.22, 10C-2.022, Amended 12-16-01, 5-14-02. 10-2-13.

     

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