65G-4.015. Eligibility Criteria

In order to be determined eligible for agency services the applicant must:

(1) Be at least three years of age.

(2) Be a resident of and domiciled in the state of Florida in accordance with Sections 222.17(1) and (2), F.S. Domicile may not be established in Florida by a minor who has no parent domiciled in Florida, or by a minor who has no legal guardian domiciled in Florida, or by any alien not classified as a resident alien. Dependents of active duty military personnel stationed in the state of Florida are exempt from residency and domicile requirements.

(3) Have a confirmed diagnosis of one of the following developmental disabilities as defined in this these rules, Rules 65G-4.014, 4.015, 4.016 and 4.017, F.A.C.:

(a) Autism;

(b) Cerebral palsy;

(c) Mental retardation or intellectual disability;

(d) Prader-Willi syndrome;

(e) Spina Bifida;

(f) Down Syndrome;

(g) Phelan-McDermid Syndrome, or

(h) Children between 3 and 5 years of age who are at high risk of later diagnosis of one of the disabilities listed above. Such high-risk children shall not be placed on the waiting list for waiver services until a confirmed diagnosis of a qualifying disability is given.

(4) DD Waiver services are only available (conditioned upon the wait list) to persons who meet the requirements of 42 CFR §435.217(b)(1) for receiving home and community-based services. It is mandatory that the determination is made that without DD Waiver services these individuals would otherwise require the level of care furnished in a hospital, nursing home, or an Intermediate Care Facility for People with Intellectual Disabilities (referred to in the CFR as an “ICF/MR”).

(5) This rule shall be reviewed, and if necessary, renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 393.065(10), 393.066(8), 393.501 FS. Law Implemented 393.065, 393.066 FS. History–New 5-16-12, Amended 6-3-20.