Definitions, Eligibility, Certification and Authorization, Enrollment Period, Waiver Program Enrollment Process, Management of Minors, Non-Covered Services, Continuation of Services, Termination of Services, Due Process for Waiver Applicants and ...  

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    DEPARTMENT OF HEALTH
    Division of Family Health Services

    RULE NO: RULE TITLE
    64F-19.002: Eligibility
    64F-19.010: Due Process for Waiver Applicants and Clients
     

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 40, October 5, 2007 issue of the Florida Administrative Weekly.

    PURPOSE AND EFFECT: The Department proposes to amend the existing language in this chapter by modifying the eligibility rules to note passive enrollment and streamline and further outline the enrollment process for the family planning waiver. In addition, there are semantic changes from “client” to “waiver applicant” to distinguish between those applying to the program and those that eventually become clients.

     

    THE FULL TEXT OF THE PROPOSED RULES ARE AS FOLLOWS:

    64F-19.002 Eligibility.

    In order to be eligible for family planning services under the Program:

    (1) through (10) No change.

    (11) Waiver applicants losing the Second Omnibus Budget Reduction Act (SOBRA) Medicaid categories of SOBRA Pregnant Women (MMP), SOBRA Pregnant Women/Protected Eligibility (MMT), Refugee Assistance Program SOBRA Pregnant Women (MRMP) or Refugee Assistance Program SOBRA Pregnant Women/Protected Eligibility (MRMT) are passively enrolled in the Program for the first year of eligibility and will need to actively complete an application for the second year of eligibility.

    64F-19.010 Due Process for Waiver Applicants and Clients.

    (1) Waiver applicants will be afforded fair hearing due process as outlined in 42 CFR 431.200-246 as published in October 1, 2006 Code of Federal Regulations.

    (2)(a) through (g) No change.

    (3) No change.

    (4) Clients suspected of probable fraud shall have their period of advanced notice shortened to five (5) days before the date of action as prescribed in 42 CFR 431.214, effective as published in the October 1, 2006 Code of Federal Regulations.