The purpose and effect of this amendment will be to increase the federal poverty level and eliminate cash asset eligibility requirements for the HIV/AIDS Patient Care Programs to increase the number of person’s living with HIV disease able to access ...

DEPARTMENT OF HEALTH
Division of Disease Control

RULE NO: RULE TITLE
64D-4.002: Definitions
64D-4.003: Eligibility and Documentation Requirements
PURPOSE AND EFFECT: The purpose and effect of this amendment will be to increase the federal poverty level and eliminate cash asset eligibility requirements for the HIV/AIDS Patient Care Programs to increase the number of person’s living with HIV disease able to access services.
SUMMARY: The proposed revisions increase the federal poverty level and eliminate cash assets for those persons living with HIV disease to be able to access services.
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: 381.003(1)(c) FS.
LAW IMPLEMENTED: 381.011(1), 381.003(1)(c) 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: September 10, 2008, 10:00 a.m.
PLACE: Prather Building, Bureau of HIV/AIDS, 2585 Merchants Row Boulevard, Room 340N, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Suzanne Stevens, Bureau of HIV/AIDS, 4052 Bald Cypress Way, BIN A09, Tallahassee, Florida 32399-1715, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

64D-4.002 Definitions.

For the purpose of this rule chapter, the words and phrases listed below are defined in the following manner:

(1) through (4) No change.

(5) “Cash Assets” mean items of value such as second cars and homes, boats, real estate and financial investments. Not included as cash assets are items such as the applicant’s primary residence, personal transportation, individual retirement accounts and deferred compensation, which are not accessed.

(5)(6) “Client” means an applicant who has been determined eligible.

(6)(7) “Department” means the Florida Department of Health.

(7)(8) “Eligible” means approved by the Department to receive allowable services.

(8)(9) “Eligibility Staff” means personnel authorized by the Department to determine eligibility.

(9)(10) “Federal Poverty Level” (FPL) means the poverty income levels (effective February 2008) as published by the U.S. Department of Health and Human Services (HHS), Federal Office of Management and Budget (OMB), which is incorporated by reference. The federal poverty guidelines are located on the Department of Health, Bureau of HIV/AIDS website or can be obtained at any Florida county health department.

(10)(11) “Household Income” means income from all sources received by the applicant, the applicant’s spouse (if married) and other adult persons living in the home, if they are included in the household size as defined in subsection 64D-4.002 (12), F.A.C.

(11)(12) “Household Size” means the number of persons in an applicant’s household whose income is counted for purposes of determining the Federal Poverty Level defined in subsection 64D-4.002(10), F.A.C. The number counted in household size include the applicant, the spouse (if married) and any adults such as parents, adult siblings, adult children, significant others and partners who live with the applicant and meet one or more of the following:

(a) Claims the applicant as a dependent on a tax return.

(b) Claims the applicant on a health insurance policy. This does not apply to life insurance when the applicant is claimed as the beneficiary.

(c) Has legal custody or other legal arrangement or guardianship of the applicant.

(d) Has commingled funds with the applicant, such as banking accounts, savings accounts, business, mortgage agreement or other personal finances.

(12)(13) “HIV/AIDS Patient Care Programs” means the:

(a) Ryan White Title II Consortia Program.

(b) Ryan White Title II AIDS Drug Assistance Program.

(c) Ryan White Title II AIDS Insurance Continuation Program.

(d) State Housing Opportunities for Persons with AIDS Program, and

(e) HIV/AIDS Patient Care Programs provided by the patient care networks and county health departments as administered by the Department of Health, Bureau of HIV/AIDS.

(13)(14) “Low Income” means a gross household income at or below 400% 300% of the FPL in accordance with subsection 64D-4.002(10), F.A.C., and cash assets not to exceed $12,000.

(14)(15) “Program Qualifications” are program specific requirements to qualify for enrollment in the following single service programs, after eligibility has been approved:

(a) Ryan White Title II AIDS Drug Assistance Program.

(b) Ryan White Title II AIDS Insurance Continuation Program.

(c) State Housing Opportunities for Persons with AIDS.

(15)(16) “Verification” means to confirm the accuracy of information through sources other than a self-declaratory statement of the individual originally supplying the information.

Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 1-23-07, Amended 8-31-07, 3-21-08,_________.

 

64D-4.003 Eligibility and Documentation Requirements.

The applicant eligibility and documentation requirements to receive allowable services from the HIV/AIDS Patient Care Programs include the following:

(1) through (3) No change.

(4) Must have low-income and cash assets not to exceed $12,000.

(5) through (7) No change.

Specific Authority 381.0011(13) FS. Law Implemented 381.001(1), 381.003(1)(c), 381.0011(5) FS. History–New 1-23-07, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Suzanne Stevens, Patient Care Program
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ana Viamonte Ros, M.D., M.P.H., State Surgeon General
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 01, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008