DD Waiver Waitlist Prioritization, Wait List Prioritization Criteria, Wait List Prioritization Procedure  

  • DEPARTMENT OF CHILDREN AND FAMILY SERVICES
    Agency for Persons with Disabilities

    Rule No.: RULE TITLE
    65G-11.001: DD Waiver Waitlist Prioritization
    65G-11.002: Wait List Prioritization Criteria
    65G-11.003: Wait List Prioritization Procedure

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36, No. 20, May 21, 2010 issue of the Florida Administrative Weekly.

    2nd NOTICE OF CHANGE

    65G-11.001(3) is amended:

    (3) “Caregiver” is defined as the person who provides personal care, supervision, training or housing to an individual and who is not paid by APD to perform these tasks. For purposes of this rule, a caregiver is defined as a parent, stepparent, grandparent, sibling, spouse or other relative or friend living in the same residence as the individual. Further, the caregiver must be a resident of the State of Florida for a minimum of 12 consecutive months and may not be receiving monetary compensation for the caregiver duties.

    65G-11.001(10) is added:

    (10) “Short term services” are not duplicative of any services required by other state agencies or departments and shall only be provided when other community resources are not available. The Agency shall provide short term services to individuals on the waitlist through the use of Social Services Block Grant funding as allocated by the legislature.

    Rulemaking Authority 393.065(7) FS. Law Implemented 393.065(5) FS. History–New ________.

     

    65G-11.002(2) is deleted:

    (2) Determination of residency of the caregiver for 12 consecutive months shall be determined by documentation to be provided to the agency, such as Florida Driver’s License, school records, utility bill, housing lease or rental agreement, or employment information.

    65G-11.002(6) is amended:

    (6) Category 3 includes the following individuals:

    (a) Individuals for whom the caregiver has a condition or circumstance that is expected to render the caregiver unable to provide care within the next twelve months and other caregivers are unable, unwilling, or unavailable to provide care. The evaluation of the caregiver’s condition or circumstance should consider the level of care necessitated by the client’s needs and the caregiver’s ability to provide that level of care. The condition or circumstance that renders the caregiver unable must be documented by a physician’s statement if it is a medical condition and must explain the reason the current caregiver can no longer provide the individual’s care. If the Caregiver is paid by any source for their services to the individual there is a rebuttable presumption that another paid provider could be substituted and therefore that another caregiver is available to provide care. The Client May Present evidence to show that this presumption is not correct under their particular circumstances. Circumstances that are not medical in nature must be described and signed by the caregiver and notarized. This documentation will be provided to the Area Office for a determination of eligibility for Category 3.

    65G-11.002(9) is amended:

    (9) Category 6 includes individuals who are age 21 years of age older and do not meet the criteria for any other category. Documentation of this category is obtained through verification of the individual’s date of birth and verification that documentation does not qualify the individual for any other category. The Agency shall provide short term services to these individuals through the use of Social Services Block Grant funding as allocated by the legislature, These services shall not duplicate any services required by other state agencies or departments and shall only be provided when other community resources are not available.

    65G-11.002(10) is amended:

    (10) Category 7 includes those individuals who are younger than 21 years of age and who do not meet the criteria for any other category. Documentation of this category is obtained through verification of the individual’s date of birth and absence of any documentation that places an individual into another category. The Agency shall provide short-term services to these individuals using Social Services Block Grant funding as allocated by the legislature. These services shall not duplicate any services required by other state agencies or departments and shall only be provided when other community resources are not available. Prevention and early intervention services that are critical to the child’s developmental growth shall be a high priority for services from the Agency as well as support to the parents or caregivers to maintain the child in the family home.

    Rulemaking Authority Section 393.065(7) FS. Law Implemented 393.065(5) FS. History–New ________.

     

    65G-11.003(5) is amended:

    (5) Individuals will be removed from the wait list and the individual’s Agency record will be closed if the individual:

    (a) Becomes domiciled in another state,

    (b)(a) Becomes ineligible for APD and the waiver, or

    (c)(b) Cannot be contacted or located over a 60 calendar day two month period using the information provided to the area office staff.,

    The individual can reapply for APD services at any time.

    Rulemaking Authority 393.065(7) FS. Law Implemented 393.065(5) FS. History–New ________.