The purpose and effect of the rule amendments is to update the Agency for Persons with Disabilities’ (“Agency”) list of eligible diagnoses to include Phelan McDermid Syndrome, as required by sections 393.063(12), 393.063(28), and 393.065(7), Florida ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NOS.:RULE TITLES:

65G-4.015Eligibility for Agency Services Criteria

65G-4.017Establishing Eligibility

PURPOSE AND EFFECT: The purpose and effect of the rule amendments is to update the Agency for Persons with Disabilities’ (“Agency”) list of eligible diagnoses to include Phelan McDermid Syndrome, as required by sections 393.063(12), 393.063(28), and 393.065(7), Florida Statutes, as adopted by the Florida Legislature in Chapter 2016-65, Laws of Florida.

SUMMARY: The new language addresses eligibility for Agency services based on a diagnosis of Phelan McDermid Syndrome.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

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.

RULEMAKING AUTHORITY: 393.065(10), 393.066(8), 393.501, FS.

LAW IMPLEMENTED: 393.065, 393.066, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Danielle Thompson, Senior Attorney, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335, Tallahassee, FL 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65G-4.015 Eligibility for Agency Services Criteria.

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

(1) through (2) No change.

(3) Have a confirmed diagnosis of one of the following developmental disabilities as defined in this these rules, rules 65G-4.014, 65G-4.015, 65G-4.016 and 65G-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, or

(g) Phelan-McDermid Syndrome, or

(g)(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) No change.

(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 F.S. Law Implemented 393.065, 393.066 F.S. History–New 5-16-12.

 

65G-4.017 Establishing Eligibility.

(1) through (6) No change.

(7) Establishing Eligibility – Phelan-McDermid Syndrome. The diagnosis of Phelan-McDermid Syndrome must be confirmed utilizing genetic testing, with written documentation from a:

(a) Medical doctor or

(b) Doctor of osteopathy,

(7)(8) No change.

(9) 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 F.S. Law Implemented 393.065, 393.066 F.S. History–New 5-16-12,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Rice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbara Palmer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 21, 2020