The Department intends to amend rule chapter 65-6, F.A.C., in response to comments made by the Joint Administrative Procedures Committee after conducting an existing rule review. The rules were last amended in 1989.

 

DEPARTMENT OF CHILDREN AND FAMILIES

RULE NOS.:RULE TITLES:

65-6.010Definitions

65-6.011Authority for Charging Fees

65-6.013Exclusions from Liability

65-6.014Determining Cost of Services and Criteria for Ability to Pay

65-6.015Financial Information and Verification

65-6.017Client Earnings

65-6.018Personal Allowance

65-6.019Methodology for Assessing Fees

65-6.020Fee Formula for Residential Services for Adult Clients with No Dependents

65-6.022Fee Review Procedures

65-6.023Enforcement of Delinquent Accounts

65-6.025Administration of Client Trust Funds

65-6.026Payments from the Client Trust Fund

65-6.027Use of Client Resources for Financial Eligibility

PURPOSE AND EFFECT: The Department intends to amend Rule Chapter 65-6, F.A.C., in response to comments made by the Joint Administrative Procedures Committee after conducting an existing rule review. The rules were last amended in 1989.

SUMMARY: The amendments accomplish the following: (1) Unnecessary rule provisions and definitions will be removed; (2) Unnecessary rules will be repealed; and (3) Terms and forms will be updated.

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 used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

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: 402.33, FS.

LAW IMPLEMENTED: 402.33, 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: Jodi Abramowitz. Jodi can be reached at [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 65-6

STATE RESIDENTIAL TREATMENT FACILITIES ‒ FEE COLLECTION SYSTEM

65-6.010 Definitions

65-6.011 Authority for Charging Fees

65-6.013 Exclusions from Liability

65-6.014 Determining Cost of Services and Criteria for Ability to Pay

65-6.015 Financial Information and Verification

65-6.017 Client Earnings

65-6.018 Personal Allowance

65-6.019 Methodology for Assessing Fees

65-6.020 Fee Formula for Residential Services for Adult Clients with No Dependents

65-6.022 Fee Review Procedures

65-6.023 Enforcement of Delinquent Accounts

65-6.025 Administration of Client Trust Funds

65-6.026 Payments from the Client Trust Fund

65-6.027 Use of Client Resources for Financial Eligibility

65-6.010 Definitions.

(1) Benefit Payments. Cash payments from retirement, survivors or disability insurance, or from supplemental security income programs. This includes but is not limited to payments from Social Security, Veterans’ Administration, and Railroad Retirement.

(2) Client. All clients as defined in Section 402.33(1), F.S., including forensic, incompetent, or involuntarily committed persons.

(3) through (4)  renumbered (1) through (2) No change.

(3)(5) Department. The Department of Children and Families Family Services.

(6) through (7) renumbered (4) through (5) No change.

(8) Fee Collections. All fees collected under Section 402.33, F.S., including all collections earned under Titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act for services provided clients insured or otherwise covered by such titles.

(9) through (15) renumbered (6) through (12) No change.

(16) Representative Payee. An individual or entity which acts on behalf of a client as the receiver of any or all benefits owing to the client.

(17) through (18) renumbered (13) through (14) No change.

(19) Responsible Party. Any person legally responsible for the financial support of the client, and may include a minor client’s natural or adoptive parent, a client’s spouse, and an estate or trust established for the financial support of a client, but not a payor of third party benefits.

(20) through (21) renumbered (15) through (16) No change.

(22) Third Party Benefits. All third party benefits as defined in Section 402.33(1), F.S.

Rulemaking Authority 402.33(2) FS. Law Implemented 402.33, 402.17 FS. History–New 1-23-85, Formerly 10-6.10, Amended 1-27-86, 3-29-89, 4-27-93, Formerly 10-6.010, Amended______.

 

65-6.011 Authority for Charging Fees.

Rulemaking Authority 402.33(2), (9)(a), (10) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.11, Amended 3-29-89, Formerly 10-6.011, Repealed____.

 

65-6.013 Exclusions from Liability.

The following parties shall not be liable for the payment of fees:

(1) Indigents whose only sources of income are from state and federal aid. For purposes of this rule, income from state or federal aid shall be defined as cash assistance or cash equivalent benefits based on an individual’s proof of financial need, such as Temporary Cash Assistance and the Supplemental Nutrition Assistance Program food stamps.

(2) through (5) No change.

Rulemaking Authority 402.33(2) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.13, Amended 3-29-89, Formerly 10-6.013, Amended_____.

 

65-6.014 Determining Cost of Services and Criteria for Ability to Pay.

Rulemaking Authority 402.33(4) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.14, 10-6.014, Repealed___.

 

65-6.015 Financial Information and Verification.

(1) The client or responsible party will complete and return to the department the Financial Information fForm (CF Form 280, effective October 2005 1992), which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX; or an equivalent form used by the Department’s child support enforcement program, as referenced in Chapter 12E-1, F.A.C., will be completed by the direct service worker for parents of children placed in the custody of the department under Chapter 39, F.S. The form will be provided by the direct service worker, or may be obtained from the fee collection unit. This form will specify all gross income, benefit payments, third party benefits available to the client and responsible party, the number of persons dependent on that income, and other related information required to determine and verify the ability to pay for the cost of services provided. In addition, the client or responsible party must identify the assets that may be available to assure payment of the fees. The form, and instructions for its completion, will be provided at the time a person applies for services, becomes a client or is admitted to a residential facility.

(2) The direct service worker, or a person designated by the Regional Managing Director or Facility Administrator district administrator, shall assist the client or responsible party in completing the form.

(3) No change.

(4) The Financial Information fForm must include a signed statement specifying that:

(a) through (c) No change.

(5) Except as provided in subsection (8) of this rule, tThe client or responsible party is required to submit a new Financial Information fForm, at least annually, unless notification pursuant to subsection (4)(b) of this rule was provided during the year. except as provided in (8), below. It must be submitted within 15 days after the proper blank form is provided by the department. If the form is not returned within that time frame, the department will effect delivery of another blank form by hand or certified mail and request a return within 15 days.

(6) through (7) No change.

(8) In the case of an adult unmarried client or a client in foster care, if there is knowledge that the client’s financial condition has not changed, the fee collection unit will continue collection of the client’s or responsible party’s current fee. The direct service worker may sign a Financial Information – Short Form (CF Form 280A, effective October 2005 1992) which is incorporated by reference and available at available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX, certifying that the information on file has not changed except as noted on the form.

Rulemaking Authority 402.33(6)(b) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.15, Amended 1-27-86, 3-29-89, 4-27-93, Formerly 10-6.015,_Amended_____.

 

65-6.017 Client Earnings.

(1) through (2) No change.

(3) Clients, whose cost of service is being paid by the Medicaid Program, shall pay fees from client earnings in accordance with Medicaid regulations 42 C.F.R. Parts 430-436, F.A.C.

(4) No change.

Rulemaking Authority 402.33(2) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.17, Amended 4-27-93, Formerly 10-6.017, Amended____.

 

65-6.018 Personal Allowance.

No change.

Rulemaking Authority 402.33(2)(3) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.18, Amended 4-27-93, Formerly 10-6.018.

 

65-6.019 Methodology for Assessing Fees.

(1) through (2) No change.

(3) For families of two or more, fees for residential services except for those services listed in subsection 65-6.019(7), F.A.C., shall be charged according to a sliding fee schedule based on gross income and family size. The “Sliding Fee Schedule for Residential Services,” CF-FSP 5435, (July2018, 1985) developed by the department is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXX.

(4) through (7) No change.

Rulemaking Authority 402.33(3)(4) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.19, Amended 1-27-86, 3-29-89, Formerly 10-6.019,_Amended______.

 

65-6.020 Fee Formula for Residential Services for Adult Clients with No Dependents.

(1) For purposes of this rule, the following definitions shall apply:

(a) through (b) No change.

(c) Other Allowable Expenses. Other monthly expenses to may be considered include: in the fee formula, such as:

1. through 4. No change.

(2) Contingent upon the satisfactory completion and submittal of the Financial Information fForm, the client will be assessed a fee based on ability to pay, determined according to the following formula:

(a) through (b) No change.

(3) No change.

Rulemaking Authority 402.33(6)(4) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.20, Amended 1-27-86, Formerly 10-6.020,_Amended______.

 

 

65-6.022 Fee Review Procedures.

(1) No change.

(2) The Regional Managing Director or Facility Administrator District Administrator in each district shall appoint, at a minimum, three members to a review committee. The Regional Managing Director or Facility Administrator District Administrator may appoint a designee to approve the decisions of the committee.

(3) through (6) No change.

(7) The review committee, by majority vote, shall recommend to the Regional Managing Director District Administrator, or designee, or Facility Administrator or designee, whether a fee reduction or waiver shall be granted. This recommendation shall be made within 30 days of receipt of the request, with the required documentation.

(8) No change.

(9) If the Regional Managing Director District Administrator, or designee, or Facility Administrator or designee, denies the request for a fee waiver or reduction, the client or responsible party shall be informed of his right to appeal the decision pursuant to the provisions of Chapter 120, F.S.

(10) The Regional Managing Director District Administrator, or designee, or Facility Administrator or designee, shall notify the requesting party, in writing, within ten days of the decision.

Rulemaking Authority 402.33(7) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.22, 10-6.022,_Amended______.

 

65-6.023 Enforcement of Delinquent Accounts.

(1) No change.

(2) The department shall charge interest on amounts which remain unpaid for over 6 months from the date the amount was charged to the account.

(a) The interest rate charged shall be equal to the average rate of interest earned by the Chief Financial Officer State Treasury on state funds deposited in commercial banks as reported by the Treasurer for the previous year.

(b) No change.

(3) Any negotiation or settlement of accounts must occur within 120 days of the date the account becomes delinquent. The department may negotiate or settle accounts within 120 days of the date on which an account becomes delinquent. Such negotiation or settlement may include a waiver of accrued or future interest. The Regional Managing Director or Facility Administrator District Administrator shall designate the persons authorized to negotiate and settle accounts on behalf of the department.

(4) If the department is unable to negotiate or settle an account within the time period described in subsection (3), above, and writing-off the account is not appropriate, the department shall file liens for the unpaid amounts if such action is cost effective for recordation by the Clerk of the Circuit Court in such county or counties which the department determines to be in the best interest of the State. Services for which fees are charged shall constitute a claim against the client, the client’s responsible party, or any insurer obligated to pay for the services provided. Such liens and claims shall be enforced on behalf of the state by the department. Liens and claims upon recordation with the Clerk of the Circuit Court shall be continuing obligations until 3 years after the demise of the client or the client’s responsible party, unless satisfied earlier.

(5) through (7) are renumbered (4) through (6) No change. 

Rulemaking Authority 402.33(8) FS. Law Implemented 402.33 FS. History–New 1-23-85, Formerly 10-6.23, Amended 1-27-86, Formerly 10-6.023,_Amended______.

 

 

65-6.025 Administration of Client Trust Funds.

Rulemaking Authority 402.17 FS. Law Implemented 402.17 FS. History–New 1-27-86, Amended 4-27-93, Formerly 10-6.025,_Repealed______.

 

65-6.026 Payments from the Client Trust Fund.

Rulemaking Authority 402.17 FS. Law Implemented 402.17 FS. History–New 1-27-86, Amended 4-27-93, Formerly 10-6.026. ,_Repealed______.

 

65-6.027 Use of Client Resources for Financial Eligibility.

(1) through (2) No change.

(3) If the client’s resources are deposited in a client trust fund, the department shall transfer the amounts charged to the state treasury. The client, guardian, or responsible party shall be notified of charges made for the cost of care in accordance with Rule 65-6.021 65-6.025, F.A.C.

Rulemaking Authority 402.17(1)(a)9. FS. Law Implemented 402.17 FS. History–New 1-27-86, Amended 4-27-93, Formerly 10-6.027,_Amended______.

 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kimberly McMurray

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 19, 2018