The purpose of this proposed rule is to keep the subject matter of Emergency Rule 65AER05-2 in effect without interruption for the provision of Medicaid benefits to eligible evacuees of the Hurricane Katrina disaster. Medicaid for Hurricane Katrina ...

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO.: RULE TITLE:

65A-1.702 Special Provisions

PURPOSE AND EFFECT: The purpose of this proposed rule is to keep the subject matter of Emergency Rule 65AER05-2 in effect without interruption for the provision of Medicaid benefits to eligible evacuees of the Hurricane Katrina disaster. Medicaid for Hurricane Katrina Evacuees provides payment for medical care and treatment on a temporary basis to evacuees from Louisiana, Mississippi and Alabama.

SUMMARY: The proposed rule provides payment for emergency medical care and treatment on a temporary basis to the Hurricane Katrina evacuees. It includes provisions for Medicaid definitions, application processing, verification, disability, child support enforcement, eligibility and benefits, and the affected population.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 414.45 FS.

LAW IMPLEMENTED: 414.16 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 6, 2006, 11:30 a.m.

PLACE: 1317 Winewood Boulevard, Building 3, Room 439, Tallahassee, Florida 32399-0700

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jennifer Lange, Chief, Program Policy, Economic Self-Sufficiency, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-1.702 Special Provisions.

(1) through (16) No change.

(17) Medicaid for Hurricane Katrina Evacuees.

(a) Definitions.

1. Emergency Area means a geographic area or region in which a National Disaster has been declared as a result of Hurricane Katrina. For the purposes of this program, the relevant disaster is limited to affected counties or parishes in the States of Louisiana, Mississippi and Alabama declared by FEMA as requiring individual assistance.

2. Evacuee means an individual who is a resident of the emergency area, affected by a national disaster as declared by the President of the United States pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and has been displaced from his or her home by the emergency, and is not a non-qualified alien and meets the definition of eligible population.

3. Evacuee Status means a temporary eligibility status, not to exceed five months, during which evacuees will be able to access specified Medicaid benefits and services.

4. Home State means the state in which the national disaster has been declared and from which the evacuee has been displaced.

5. Host State means the state in which an evacuee is temporarily residing.

(b) Application Processing.

1. Applications will be accepted from August 24, 2005 through January 31, 2006, and may be retroactive to August 24, 2005. Any eligibility prior to September 1, 2005, will not count against an evacuee's eligibility period. The duration of the program is from August 24, 2005 through June 30, 2006.

2. The application process described in Administrative Rule 65A-1.205, F.A.C., will be used. The Hurricane Katrina Emergency Assistance Program for Evacuees Supplement to the Application for Assistance, Form CF-ES 2346, Sep 2005, incorporated by reference, may be attached to the application.

(c) The Host State will, to the greatest extent possible, verify circumstances of eligibility, residency, and citizenship, to prevent fraud and abuse in the program. Evacuation status can be established by self-attestation of displacement, income, and immigration status. Evacuees must be required to cooperate in demonstrating evacuee status and other eligibility requirements.

(d) Proof of disability must be requested of individuals under age 65, who do not meet family-related Medicaid criteria, and who self-attest to a disability that prevents them from working for at least twelve months. Information for Social Security Administration available on a Medicare card or via data exchange is sufficient verification. If proof of disability is not available prior to application disposition, applicants must be given or mailed a Confirmation of Disability Letter, Form CF-ES 2347, Sep 2005, incorporated by reference.

(e) Child support enforcement cooperation and the requirement to file for other benefits do not apply to applications processed under this emergency program.

(f) The population that may be certified under this rule is described in a Section 1115 waiver obtained from the U.S. Department of Health and Human Services, Centers for Medicaid and Medicare Services. It consists of evacuees who are parents, pregnant women, children under age 19, individuals with disabilities, low income Medicare recipients potentially eligible for the Qualified Medicare Beneficiary program (QMB), and low income individuals in need of long-term care with incomes up to and including the Host state's Medicaid levels. Pregnant women from Alabama must have income below 133% of poverty to qualify for Medicaid, in accordance with the requirements of the Section 1115 waiver. Two months of post partum benefits will also be provided to women whose pregnancies end during the five month eligibility period, even if the two months extend Medicaid eligibility beyond the five month period. Presumptive eligibility for newborns, transitional and extended Medicaid and continuous eligibility policies do not apply to this emergency program. Ex parte reviews will not be conducted, in accordance with the authority granted by the Section 1115 waiver.

(g) Evacuees who meet the requirements of this section will receive benefits under these provisions and funding mechanisms. Eligible individuals who receive Medicaid under these provisions cannot receive regular Medicaid for the same time period. Eligible evacuee households that were approved for food stamp or cash assistance benefits prior to implementation of this rule may request Medicaid benefits without a separate application.

(h) Fair hearings and/or appeals are not provided as part of this emergency Medicaid program.

Specific Authority 414.45 FS. Law Implemented 414.16 FS. History–New 10-8-97, Amended 4-22-98, 2-15-01, 9-24-01, 11-23-04, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jennifer Lange

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Kim Shaver

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 1, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2005