65A-2.032. Optional State Supplementation Eligibility Criteria  

Effective on Thursday, February 25, 2010
  • 1(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 3720 C.F.R. §§ 416 41et seq.

    43(2) An eligible individual must be living in the state of Florida with the intent to remain.

    60(3) An eligible individual must be a United States citizen or a qualified noncitizen 74as defined in 778 U.S.C. § 1641(b).

    81(4) An eligible individual must have income within standards established by the Department in subsection 9665A-2.036(3), 97F.A.C.

    98(5) An eligible individual must have assets within SSA Title XVI standards for Supplemental Security Income (SSI).

    115(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 14520 C.F.R. § 416.210 149for the SSI Program and by 15542 C.F.R. § 435.608 159for the Medicaid Program.

    163(7) An eligible individual must be living in a licensed Assisted Living Facility as defined in Section 180429.02(5), F.S.; 182a licensed Adult Family Care Home as defined in Section 192429.65(2), F.S.; 194or a licensed Mental Health Residential Treatment Facility as defined in Section 206394.67(22), F.S. 208Additionally, the facility must meet the individual’s needs based on objective medical and social evaluations and care plans, in accordance with Chapter 58A-5, 58A-14 or 65E-4, F.A.C., respectively.

    236(8) Pursuant to Section 240429.67(8), F.S., 242the 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.

    280(9) When appropriated OSS funding is insufficient to meet fiscal demands, a proportional reduction 294will be applied to OSS payments, but shall not affect maintenance of effort required per 30942 U.S.C. § 1382g.

    313(10) Copies of the form incorporated by reference in this rule are available from the Economic Self-Sufficiency Headquarters Office at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 or on the Department’s website at 345http://www.dcf.state.fl.us/346dcfforms/Search/DCFFormSearch.aspx347.

    348Rulemaking Authority 350409.212(7), 351429.67(8) FS. 353Law Implemented 355409.212, 356429.67(8) FS. 358History–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.


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