The proposed rule amendment adopts changes in the federal final rule reauthorizing the Temporary Assistance for Needy Families Program. School attendance by a disabled family member is no longer a factor when assessing whether alternative care ...

DEPARTMENT OF CHILDREN AND FAMILY SERVICES
Economic Self-Sufficiency Program

RULE NO: RULE TITLE
65A-4.203: Personal Care of a Disabled Family Member
PURPOSE AND EFFECT: The proposed rule amendment adopts changes in the federal final rule reauthorizing the Temporary Assistance for Needy Families Program. School attendance by a disabled family member is no longer a factor when assessing whether alternative care exists for the approval of a need for care exclusion under 45 C.F.R. §261.2(n)(2)(i). The proposed rule amendment also revises CF-ES 2094, allows the caregiver to provide either a verbal or written statement regarding their need to provide care and to a lack of alternative care, removes the requirement to document attempts to get alternative care and removes the full-time care requirement. Included in this proposed rule amendment are some wording changes and technical changes of a non-substantive nature improving the overall content of the rule.
SUMMARY: The proposed rule addresses the time limit and work exemption for participation in the cash assistance program by an individual responsible for providing care for a disabled family member.
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, 414.065(4)(g) FS.
LAW IMPLEMENTED: 414.105(9) 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: August 17, 2009, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room, 455, Tallahassee, Florida 32399-0700
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Keil, ACCESS Florida Program Policy, 1317 Winewood Boulevard, Building 3, Tallahassee, Florida 32399-0700, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

65A-4.203 Personal Care of a Disabled Family Member.

(1) Family Member. A fFamily member is defined as any individual related to any member of the assistance group by blood or marriage. The disabled family member must reside in the home with the caregiver. The family member with the disability can may be a child or any adult member of the family, whether or not this person is a Temporary Temporatory Cash Assistance (TCA) recipient participant.

(2) Disability. In order for an individual to receive an exemption to program time limits due to their an individual’s responsibility to for care for of a disabled family member to be granted, the disability must be verified. Acceptable vVerification is satisfied when the family member’s receipt of member receives temporary or permanent disability benefits issued by a government or private source, or a statement by a physician or licensed or certified psychologist certifying that the family member is disabled or Part B of. Verification of the family member’s disability may be provided on the Statement of the Need for Care, CF-ES 2094, 06/2009, Apr. 07 incorporated by reference.

(3) Need for Personal Care. The disabled family member must require the physical presence of the individual to provide care, supervision, or arrange services, typically during the family member’s waking hours. Personal care of the family member includes the provision of daily care services, supervision of care, and transportation. Verification of the family member’s need for personal care must may be provided verbally or in writing or by completing Part A of the on the Statement of the Need for Care, CF-ES 2094. Any of the following will also be accepted as verification of disability and the need for personal care services:

(a) Receipt of hospice services;

(b) Receipt of Home and Community Based Services’ waiver assistance (HCBS);

(c) Receipt of Home Care for the Elderly (HCE) or Home Care for Disabled Adults (HCDA);

(d) A statement by a physician licensed under Chapter 458 or 459, F.S., which includes a diagnosis of disability necessitating full time care and a prognosis estimating the length of the disability;

(e) A Comprehensive Assessment and Review for Long-Term Care Services (CARES) disability approval prepared by Department of Elder Affairs’ staff;

(f) A Multi-Handicapped Multiple Handicap Assessment Team (MHAT) evaluation from Department of Health, Children’s Medical Services’ staff;

(g) Receipt of Multiple Disciplinary Development Services; and

(h) Verification by a children’s mental health or substance abuse provider certifying that a child meets the criteria for serious emotional disturbance or psychoactive substance use disorder, and a statement by a licensed psychiatrist indicating the need for full time care or supervision of the child that includes a DSM-IV diagnosis, recommended treatment for the child and caregiver caretaker, and prognosis indicating the estimated length of time such care is may be needed.

(4) Alternative Care. The caregiver must indicate a lack of alternative care in both the local community and from other family members verbally or in writing or by completing Part A of the CF-ES 2094. Depending upon the nature of the disability, documentation of attempts to provide alternative care must be provided. Alternative care might may not be available because the service to meet a specific need does not exist in the community or the cost of the service is prohibitive. Full-time school attendance by a disabled family member will be considered an alternative care arrangement, and as such, a parent or caretaker relative will not receive a time limit exemption. Full-time school attendance is defined by the educational institution. A parent or caretaker relative may receive a time limit exemption during a summer school break if no other alternative care arrangement is available.

(5) Co-existing Conditions. Each of the conditions detailed in subsections 65A-4.203(2) through (4) above, F.A.C., must exist in order for an exemption from assistance time limits due to the provision of care for a disabled family member to be granted.

(6) Welfare Transition Employment and Training. Care of a family member with a disability is an exemption from considered good cause for not meeting program work activity requirements. Individuals meeting the criteria for an exemption from the time limits are not required to work register. A parent or caretaker relative of a disabled family member who attends school full-time will be considered to be work-eligible in accordance with 45 C.F.R. §261.2(n)(2)(i), will not meet the criteria for an exemption from the time limit, and must work register.

(7) Two Parent Families. When two or more able-bodied parents live in the household with the disabled family member, only one parent will be allowed an exemption to program time limits due to responsibility for care of a disabled family member.

(8) Periodic Evaluation of Exemption. The exemption from time limits will be reevaluated annually for TCA temporary cash assistance.

(9) A copy of the CF-ES 2094 is available, Statement of the Need for Care may be obtained from the ACCESS Florida Headquarters Office Department of Children and Family Services, ACCESS Florida, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700 or on the Department’s web site at http://www.dcf.state.fl.us/DCFForms/Search/DCFFormSearch.aspx.

Rulemaking Specific Authority 414.45, 414.065(4)(g) FS. Law Implemented 414.105(9) FS. History–New 4-27-99, Amended 9-3-07,_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Nathan Lewis
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: George H. Sheldon
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 13, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 29, 2008