The proposed rule updates the federal poverty levels and increases the average monthly private pay nursing facility rate used in the Medicaid eligibility determination process.

 

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.716Income and Resource Criteria

PURPOSE AND EFFECT: The proposed rule updates the federal poverty levels and increases the average monthly private pay nursing facility rate used in the Medicaid eligibility determination process.

SUMMARY: The proposed rule amends Medicaid Program standards used in the eligibility determination process.

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 not 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: The Department considered the factors in Section 120.541, F.S. The proposed rule is not expected to exceed the criteria in paragraph 120.541(2)(a), F.S., therefore, legislative ratification is not required under subsection 120.541(3), F.S.

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: 409.919 FS.

LAW IMPLEMENTED: 409.902, 409.903, 409.904, 409.906, 409.919 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:

DATE AND TIME: August 14, 2013, 11:00 a.m.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Vonsenita Tranquille. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vonsenita Tranquille, Economic Self-Sufficiency Program, [phone], 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-1.716 Income and Resource Criteria.

(1)    The monthly federal poverty level figures based on the size of the filing unit are as follows:

 

 

Filing Unit Size	88% of Poverty Guideline	100% of Poverty Guideline	120% of Poverty Guideline	133% of Poverty Guideline	135% of Poverty Guideline	185% of Poverty Guideline	200% of Poverty Guideline
1	$843 $820	$958 $931	$1,149 $1,117	$1,274 $1,239	$1,293 $1,257	$1,772 $1,723	$1,915 $1,862
2	$1,138 $1,110	$1,293 $1,261	$1,551 $1,513	$1,720 $1,677	$1,745 $1,703	$2,392 $2,333	$2,585 $2,522
3		$1,628 $1,591		$2,165 $2,116		$3,011 $2,944	$3,255 $3,182
4		$1,963 $1,921		$2,611 $2,555		$3,631 $3,554	$3,925 $3,842
5		$2,298 $2,251		$3,056 $2,994		$4,251 $4,165	$4,595 $4,502
6		$2,633 $2,581		$3,502 $3,433		$4,871 $4,775	$5,265 $5,162
7		$2,968 $2,911		$3,947 $3,872		$5,490 $5,386	$5,935 $5,822
8		$3,303 $3,241		$4,393 $4,311		$6,110 $5,996	$6,605 $6,482
9		$3,638 $3,571		$4,838 $4,750		$6,730 $6,607	$7,275 $7,142
10		$3,973 $3,901		$5,284 $5,189		$7,350 $7,217	$7,945 $7,802
11		$4,308 $4,231		$5,729 $5,628		$7,969 $7,828	$8,615 $8,462
12		$4,643 $4,561		$6,175 $6,066		$8,589 $8,438	$9,285 $9,122
Add each add. person		$335 $330		$446 $439		$620 $611	$670 $660

 

(2) through (4) No change.

(5) SSI-Related Program Standards.

(a) through (c) No change.

(d) Average monthly private pay nursing facility rate: $7,638 $7,362.

(e) No change.

Rulemaking Authority 409.919 FS. Law Implemented 409.902, 409.903, 409.904, 409.906, 409.919 FS. History–New 10-8-97, Amended 12-9-99, 2-15-01, 11-25-01, 7-28-02, 4-1-03, 9-10-03, 8-30-04, 8-10-06, 4-15-12, 10-16-12, 11-4-12,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lawayne E. Salter

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: David E. Wilkins

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 13, 2013