This rule change is to update the referenced federal poverty level and eliminate some program-specific eligibility criteria.

 

DEPARTMENT OF HEALTH

Division of Disease Control

RULE NOS.:RULE TITLES:

64D-4.002Definitions

64D-4.007AIDS Drug Assistance Program (ADAP)

PURPOSE AND EFFECT: This rule change is to update the referenced federal poverty level and eliminate some program-specific eligibility criteria.

SUMMARY: Updates referenced federal poverty level and county income documents; updates ADAP eligibility requirements.

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: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

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: 381.0011(2), 381.003(2), FS

LAW IMPLEMENTED: 381.011, 381.003(1)(b), 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: Amber Pepe at [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64D-4.002 Definitions.

For the purpose of this chapter, the words and phrases below are defined as follows:

(1) No change.

(2) “Federal Poverty Level” – the poverty income guidelines (effective January 2020 2015) as published by the U.S. Department of Health and Human Services, which is incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-06964.

(3) through (5) No change.

(6) “Low Income” – adjusted gross household income at or below 400 percent of the Federal Poverty Level. For HOPWA, low income means 80 percent of a county’s median income, as defined by the U.S. Department of Housing and Urban Development, effective April 1, 2020 July 1, 2015, which is incorporated by reference and is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-06969.

Rulemaking Authority 381.0011(2), 381.003(2) FS. Law Implemented 381.0011, 381.003(1)(b) FS. History–New 1-23-07, Amended 8-31-07, 3-21-08, 10-27-08, 3-30-09, 7-4-16, ______.

 

64D-4.007 AIDS Drug Assistance Program (ADAP).

(1) The program requirements for the AIDS Drug Assistance Program are that an individual must have:

(a) Be determined eligible as defined in Rule 64D-4.003 and A current Notice of Eligibility, DH8000-PHSPM-08/2014, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06963.

(b) Have a A prescription for at least one antiretroviral.

(c) An HIV viral load laboratory result that is less than six months old and an HIV CD4 laboratory result that is less than 12 months old at the time of enrollment or recertification.

(2) No change.

Rulemaking Authority 381.0011(2), 381.003(2) FS. Law Implemented 381.0011, 381.003(1)(b) FS. History–New 7-4-16, Amended            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Laura Reeves, HIV/AIDS Section Administrator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, State Surgeon General

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 9, 2020