The Department intends to amend Rule 65A-1.701, F.A.C., to add definitions.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.701Definitions

PURPOSE AND EFFECT: The Department intends to amend Rule 65A-1.701, F.A.C., to add definitions.

SUMMARY: Definitions for Asset Verification System and Working People with Disabilities (WPwD) are added.

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: 409.919, F.S.

LAW IMPLEMENTED: 409.902, 409.903, 409.904, 409.906, 409.919, F.S.

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 [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-1.701 Definitions.

As used in Rules 65A-1.701 through 65A-1.716, F.A.C., the following terms have the following meanings unless a different meaning is given:

(1) through (2) No change.

(3) Affordable Care Act (ACA): The Patient Protection and Affordable Care Act in accordance with 42 U.S.C. §18001 et seq.

(4) through (6) No change.

(7) Asset Verification System (AVS): The electronic verification process by which the Department verifies disclosed and undisclossed assets for individuals applying for Medicaid based on age or disability.

(7) through (26) are renumbered (8) through (27) No change

(28)(27) Home and Community-Based Services Waiver Program (HCBS): A Waiver authorized under section 1915(c) of the Social Security Act. HCBS Waivers are designed to provide services for a particular targeted population based on the individual’s need for care and support that will delay or prevent institutionalization.

(28) through (30) are renumbered (29) through (31) No change.

(32)(31) iBudget Florida Developmental Disabilities (DD) Waiver: A home and community-based waiver program for individuals diagnosed before age 18 with a developmental disability, as defined in Section 393.063(12), F.S. The waiver provides support and services that will assist with stabilizing the health and welfare of the individual in a noninstitutionalized setting in the community.

(32) through (40) are renumbered (33) through (41) No change. 

(42)(41) Medicaid for Aged and Disabled (MEDS-AD) Demonstration Waiver: Medicaid coverage group for aged and disabled individuals with income at or below 88 percent of the federal poverty level.

(42) through (73) are renumbered (43) through (74) No change.

(75) Working People with Disabilites (WPwD) eligibility: The increased income and resource limits allowed to indviduals aged 21 and older with earned income and who are enrolled in a HCBS waiver.

Rulemaking Authority 409.919 FS. Law Implemented 409.902, 409.903, 409.904, 409.906, 409.919 FS. History–New 10-8-97, Amended 2-15-01, 4-1-03, 6-13-04, 8-10-06, 3-25-20. Amended____

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Suzann Fauci

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shevaun L. Harris

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 26, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 3, 2021