To comply with Section 393.0661, F.S., requiring the Agency to implement the Second Tier of a Four Tiered Waiver System to serve clients with developmental disabilities.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Agency for Persons with Disabilities

RULE NO: RULE TITLE
65G-4.0023: Tier Two Waiver
PURPOSE AND EFFECT: To comply with Section 393.0661, F.S., requiring the Agency to implement the Second Tier of a Four Tiered Waiver System to serve clients with developmental disabilities.
SUMMARY: As amended in HB 5087 in 2008, Section 393.0661, F.S., now requires that the Agency amend the criteria for Tier Two of the Four Tiered Waiver System so that residential habilitation service clients are categorized by a moderate level of standard support or a minimal level of support for behavior focus residential habilitation services.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: Pursuant to Section 120.541, F.S., The Agency for Persons with Disabilities provides a summary of the Statement of Estimated Regulatory Costs (SERC). Rule 65G-4.023, F.A.C., is being revised to conform with the statutory change enacted in the 2008 legislative session, effective July 1, 2008. As amended in HB 5087 in 2008, Section 393.0661, F.S., now requires that the Agency amend the criteria for Tier Two of the Four tiered Waiver System so that residential habilitation service clients are categorized by a moderate level of standard support or a minimal level of support for behavior focus residential habilitation services rather than by an hourly minimum. The former statutory language for Tier Two stated: “The client’s service needs include placement in a licensed residential facility and authorization for greater than five houors per day of residential habilitation services.” The revised statutory language provides for a “moderate level of support for standard residential habilitation services or a minimal level of support for behavior focus residential habilitiation services.” There is no economic impact to the clients being served by the Developmental Disability Home and Community-based Waiver or its service providers due to the change in Rule 65G-4.023, F.A.C., to conform to the revised statutory language.
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: 393.0661(1) FS.
LAW IMPLEMENTED: 393.0661(3)(b) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: April 29, 2009, 2:00 p.m. – 5:00 p.m.
PLACE: Agency for Persons with Disabilities, 4030 Esplanade Way, Third Floor, Conference Room 301, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Denise Arnold, Acting Bureau Chief, Home and Community Based Services, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65G-4.0023 Tier Two Waiver.

The total budget in a cost plan year for each Tier Two Waiver client shall not exceed $55,000. The Tier Two Waiver is limited to clients who meet the following criteria:

(1) The client’s service needs include placement in a licensed residential facility and authorization for a moderate level of support for standard residential habilitation services or a minimal level of support for behavior focus residential habilitation services; greater than five hours per day of residential habilitation services; or

(2) The client is in supported living and is authorized to receive more than six hours a day of in-home support services.

Rulemaking Specific Authority 393.0661(3) FS. Law Implemented 393.0661(3)(b) FS. History–New 7-1-08, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Denise Arnold, Bureau Chief, Home and Community Based Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim DeBeaugrine
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 18, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 6, 2009